St. Louis Park basketball hoop: Moeding family says lawsuit dismissed

A day after a St. Louis Park family received a cease and desist order over a basketball hoop saga, the case in its entirety has been dismissed.

Lilly Moeding tells FOX 9's Mary McGuire a judge has dismissed a motion for an injunction, as well as the overarching lawsuit in the case. The Moeding family is meeting with their lawyer Tuesday night to go over the details, and court documents are expected to be filed on Wednesday.

It means the basketball hoop stays, the Moeding boys can continue playing without repercussions.

The Moeding family issued a statement Tuesday night.

"We’re overwhelmed with relief and gratitude to the City of St. Louis Park and the court for standing by the truth. This past year has tested us in ways we never could’ve imagined. No family should have to go through the kind of bullying, fear, and relentless intimidation that we experienced. We hope this outcome brings peace — not just to our family, but to a community that deserves better."

Basketball hoop drama

The latest:

Moeding, the mother of two boys who simply want to play basketball in their own driveway, posted the new information to the GoFundMe associated with the situation on Monday. The Moeding family said the move from neighbor Julia Ramos was not a surprise, and the letter urges the family to contact legal counsel and notify insurance carriers.

The letter warns the family could face a defamation suit if they continue to talk about the hoop dispute publicly.

Ramos has argued from the start where the basketball hoop is located violates city code, and filed a motion for an injunction to have it removed altogether. Ramos filed a lawsuit, saying the family is trespassing when they go into her yard to retrieve basketballs.

"This letter was meant to scare us into silence. Our neighbors, who have law degrees themselves, have now hired additional legal counsel to assist them in pursuing action against us personally," Lilly Moeding said. "But we won’t let fear dictate how we move through this. It’s overwhelming and frustrating to be threatened for speaking out, especially when you’re already emotionally and financially drained. But we’re not going to let fear win."

‘I don’t want to have to watch them'

What they're saying:

Ramos filed a motion for an injunction against the Moeding family to prevent their kids from playing basketball until the case can be resolved. She cited safety concerns and that kids are trespassing by fetching balls that bounce onto their property. Ramos spoke in court documents.

"I have not complained about the noise anywhere else or any other basketball hoops in the neighborhood. I am complaining about this particular one because its immediately in front of my door. . . .My kitchen window is right there. I have to watch them. I don’t want to have to watch them," she said.

The city's response in opposition of the lawsuit states, "Ramos proposed basis for the injunction is safety and trespass concerns, but even if these concerns were valid, this unusual request drastically exceeds the scope of this lawsuit. The Court’s eventual resolution of this action will determine the proper location of a common residential amenity, a basketball hoop; it will not dictate the driveway play of children."

City attorney responds

Why you should care:

An attorney for the City of St. Louis Park pushed back on Ramos’s motion for an injunction, saying she presents no evidence, makes no argument and provides not a single citation of authority to show she’ll prevail in the lawsuit against the Moeding family. 

Ramos sued the City of St. Louis Park and the Moeding family to have the basketball hoop removed altogether.

Court documents state the City of St. Louis Park believes that the hoop complies with current zoning and code, with the basketball hoop adjacent to the driveway. The city says Ramos's motion goes too far in preventing children and residents in St. Louis Park from peaceful play and enjoyment of their own property.

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