Judge Deals Wrigley Rooftops a Second Legal Setback
The owners of several rooftop businesses overlooking Wrigley Field are down to their last strike in a lawsuit challenging the Chicago Cubs’ on-going renovation of the 100-year-old stadium. As previously detailed here and here, the rooftop owners filed suit in January asking a federal court to block the Cubs from constructing two new proposed scoreboards, structures that the rooftops claim were intended to block their views into the stadium.
Last month, Judge Virginia Kendall denied the rooftop owners’ request for a temporary restraining order (TRO) preventing the Cubs from erecting the scoreboards. As I explained at the time, although the judge was unwilling to issue a TRO – an emergency order that would have blocked the Cubs from building the scoreboards for only a few weeks – she left open the possibility of granting the rooftops a preliminary injunction in the case (a more permanent order that would have forbid construction of the video boards throughout the entire course of the litigation).
The rooftop owners’ hopes were dashed once again on Thursday, however, when Judge Kendall refused to preliminarily enjoin the Cubs from constructing the scoreboards. Kendall’s opinion (available here) was a resounding victory for the team, with the judge concluding that the Cubs were likely to prevail on both the rooftops’ antitrust and breach of contract claims. As a result, the Wrigley renovations will be permitted to continue unabated.



