Preserve owners have filed a motion in Harrison Circuit Court asking the judge to enforce the proposed settlement agreement even though it was not officially signed. The state is seeking to have that motion dismissed.

Arguments on the issue were scheduled for Nov. 7.

“I think our chances are pretty darn good,” said William Moyer, an attorney for Bruce. “I have cited several state and federal cases all that approved the enforcement of oral settlements. The fact that this was never signed, in my opinion, really doesn’t matter much.”

Hupfer disagrees, saying the two sides never came close to making the agreement official. He said one of the reasons the DNR backed off was research finding the state is not allowed to enter into an agreement not to enforce a state rule or law.

Warnke said that while the DNR is prohibited from enforcing the preserve restrictions on those involved in the lawsuit, the agency has stopped at least two startups of similar preserves in the past year.