A much-rumored injunction to stop aerial spraying was never filed by the time the Dallas County courthouse closed on Thursday, apparently leaving no legal way to prevent the process from beginning as planned at 10 p.m.
Dallas County Judge Clay Jenkins had fueled the speculation earlier in the day when he said an injunction had been filed and would not work, however, the injuction was never filed.
The aerial spraying has been deemed necessary to curb the population of mosquitoes carrying West Nile virus in Dallas County, where 10 people have died after contracting the virus and hundreds more have become infected.
"As long as we are under the state of emergency, and these disaster declarations, the spraying will go forward. We are going to take the steps necessary today to ensure that the home rule cities have the capability to protect their citizens," Jenkins said.
Jenkins said he did not know specifics and it was not clear how he was misinformed.
"What the CDC tells me, as far as that goes, in the most hard-hit areas, the delay in spraying can be counted in the number of West Nile cases and potential deaths and so we're not going to let that happen. The spraying will happen," Jenkins said.
Jenkins said he believes the county and the municipalities have acted appropriately by filing emergency declarations this week, allowing for the decision to approve aerial spraying without the need for a vote of council members.
Opponents to the aerial spraying are concerned about the affects the adulticide may have on people and pets. While the adulticide, Duet, is considered safe by the EPA, residents are advised to take the following precautions: Avoid being outside, close windows and bring pets inside during spraying. If exposed, wash skin and clothing with soap and water. Residents should also rinse homegrown fruits and vegetables with water and cover ornamental fish ponds.
Spraying is planned for Thursday night between 10 p.m. and 1 a.m. inside an area bound by Interstate 635 to the north and east, the Dallas North Tollway to the west and Interstate 30 to the south. The target area covers 49,000 acres and includes University Park, Highland Park and all of east Dallas.
An additional 20,000 acres may be added late Thursday.
NBC 5's Ben Russell, Scott Gordon, and Frank Heinz contributed to this report.