VALPARAISO | The owner of Valparaiso Transmission has lost his ongoing battle with the city to store junk cars on a neighboring site along East Lincolnway.

Porter Circuit Court Judge Mary Harper denied John Morgavan Jr.'s request for a preliminary injunction to prevent the city from enforcing its abandoned vehicle ordinance.

The city plans to respond by once again ticketing vehicles at 1701 East Lincolnway -- the former site of the McDonald's restaurant -- and giving Morgavan a set amount of time to clear the property, city attorney David Hollenbeck said.

If Morgavan does not comply with the order, Hollenbeck said the city will clear the site and charge Morgavan for the work.

Morgavan could not be reached Thursday afternoon for comment.

Harper determined in her ruling Thursday that, despite Morgavan's claims the vehicles at the site are awaiting service work, they are actually in poor enough shape to qualify as junk.

"Since the McDonald's property is being used as a junkyard, it is not permitted under the zoning classification," she wrote.

Harper also found that Morgavan failed to show he will be injured by the city enforcing its abandoned vehicle ordinance.

"The city does not seek to totally prohibit Mr. Morgavan or Valpo Transmission from using the McDonald's property," Harper wrote.

The site still can be used "as a short-term staging area" for vehicles awaiting repair or pickup by the owner after repairs are done.

The dispute over the site began when in 2005, Morgavan complied with a police order to remove vehicles, according to the court order. The complaints continued from 2007-08 and Morgavan was told March 5 the illegal junkyard violated city codes and had to be cleared in 30 days.

The number of vehicles increased and police issued removal notices for 90 vehicles between March 25 and 27, the judge said. After Morgavan failed to comply, the city had most of the vehicles towed in June. Morgavan filed his suit a few days later.