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PORTER | Despite an injunction to close operations at Splash Down Dunes Water Park -- and ongoing court proceedings -- owner Paul Childress said he still plans to open for the Labor Day weekend before closing doors for good.

Superior Court Judge Roger V. Bradford ordered the water park closed on Aug. 26 because of lack of insurance, and the order still stands, Bradford said.

"I'm not aware they've filed any proof of insurance that is required by the injunction for them to reopen," he said Thursday. "They were supposed to file with the court clerk."

Childress contends his former business partner -- Fred Pearson, who sold his share of the business to Childress last year -- filed the request for an injunction since he claims proof of insurance was never provided per the purchase agreement.

"We've always had insurance," said Childress who said he has provided the court clerk with proof of insurance. "They put in the injunction that we had to show proof of insurance and they will vacate, so there's no action."

However, according to the clerk's office, records indicate that the court has not ruled on the injunction and it is still pending in court.

Childress' attorney Natalie Schrader refused comment.

But Splash Down Dunes officials tell a different story on the park's closure.

"Splash Down Dunes has not been closed by anyone. We voluntarily closed for a week because of the poor weather," wrote Laura Valpatic, operations manager of Splash Down Dunes in an e-mail to The Times on Wednesday.

Childress said the park's closure was all part of the plan.

"We always planned to be closed during this week because the kids who work here are all back in school and when it is rainy and 60 degrees outside, it makes no sense to stay open," Childress said.

He said that after the weekend, the park then will be sold on the auction block.

"Monday is it. I'm having an auction sale and unloading the thing. I'm not going through this junk again, and I'm torqued off at everyone," Childress said.