Cumberland County Superior Court Justice Thomas D. Warren today issued a stay for Robert Dinning for a driving suspension issued by the Maine State Harness Racing Commission for violation of Rule 17 section 3.2.

Warren issued the stay based on arguments given by Dinning.

The written opinion concluded "that Dinning has demonstrated irreparable injury because, if the suspension is eventually overturned after July 1, Mr. Dinning will never recover the income he loses between now and that date".

"Second, The court concludes that Dinning has shown a strong likelihood of success on the merits with respect to his argument that the discussions between Mr. (Henry) Jackson and Mr. (MSHRC Chairman George) McHale with respect to the "parameters" of the consent decrees that would be offered to Mr. Dinning and the other drivers in his position constituted ex parte communications..." Ex parte communications is defined as a situation where only one party (and not the adversary) appears before a judge. 

The court  granted the stay "based on a sufficient likelihood that Dinning will prevail on his claim" of his rights violated per the ex parte communications.

The stay allows Dinning's driver's license to be active immediately. He is listed to drive at Scarborough Downs on Thursday, June 10.