DALLAS (CBSDFW.COM) – Dallas County Judge Clay Jenkins said a law firm told his office they would be filing a lawsuit not just to stop aerial spraying, but ground spraying as well. The judge says it hasn’t turned up yet, but they will be ready for it if it does.

“We’re working constantly with our state lawyers and local lawyers to ensure we’re ready to respond to,uh uh, these suits if we find them,” Jenkins said.

Meantime, Dallas County has two planes at Dallas Executive Airport ready to begin aerial spraying at 10 pm tonight. The pesticide will be pumped through lines and turned into a mist.

The planes will be spraying from an altitude of about 300 feet. That is about the height of the Adolphus Hotel. The Magnolia Hotel is 400 feet high.

Spraying will be targeted in the hot zone triangle. The area is located east of the Dallas North Tollway, south of I-635 and north of I-30.

dallas spraymap Dallas County Set To Spray Despite Lawsuit Threat

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Dallas Mayor Mike Rawlings says Dallas is still on board with aerial spraying.

“It’s important to alert the public and raise immediate awareness. The city of Dallas has decided to move forward with aerial spraying as a tool to combat this.” Rawlings said.

Mayors of the southern sector of Dallas County met earlier to decide if they want aerial spraying, too. Grand Prairie is in.

“We’re going along with the state and county and Medical Society, CDC. What they all recommend and that’s aerial spraying,” said Grand Prairie Mayor Charles England.

The Dallas County disaster declaration ends at 7:30 pm Thursday. County officials could vote to extend it.

Cities that have not joined in with the aerial spraying effort have until then to participate, which could protect them from any injunctions.

The only thing that could stop aerial spraying tonight would be wind or rain. Clark – The spray manufacturers — and their pilots will make the decision whether or not it is okay to fly later Thursday night.

UPDATE:  Aerial spraying over Dallas County will begin at 9:30 pm tonight.

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