By Paul Maryniak Ahwatukee Foothills News
Opponents of the South Mountain Freeway were to ask a federal appeals court this week to halt further construction work until the panel could consider their appeal of a judge’s rejection of their effort to halt it altogether.
U.S. District Judge Diane Humetewa last week rejected the injunction requests by the Gila River Indian Community and the Ahwatukee-based Protect Arizona’s Resources and Children, who claimed that allowing work to continue while they appealed would cause irreparable harm and render the reason for their appeal meaningless.
But Humetewa declared, “Plaintiffs have not demonstrated that the balance of hardships tips sharply in their favor. Construction activities have just recently begun and the specific harm identified by plaintiffs will not occur in the immediate future.
