I wouldn't be so confident about the courts discretion. The city code is only enforceable by the courts, as its based on a form of mutual respect and agreements. If the courts decide that the articles cannot be enforced legally then they will have no merit. If the courts have no discretion, then why waste the money to ask them? Clearly the BOD want legal protection and that is only enforceable in a court.
Ann: Enforcement proceedings in respect of TER's unsolicited bid, page-16
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