AURORA, Colo. -- The Mission Viejo Library will close on Dec. 31 after a judge did not grant a preliminary injunction on Tuesday to keep it open.

The neighborhood’s HOA had fought to keep the library open, pointing to a contract with the city, signed in 1973. In that contract, the city promised to operate the library for 50 years.

Essentially, the neighborhood gave the city of Aurora the land and the building on the condition the city operate and maintain a library or a police station at the location for 50 years.

It's only been 36 years since that promise was made and Aurora is ready to shut down Mission Viejo Library and three others due to budget cuts.

The city said voters decided to stop funding the library, and Tuesday afternoon, a judge agreed with the city. The judge said the 50-year contract was valid and the city did breech the contract, but she also said the courts have no power to compel the city to follow through with its obligations.

Aurora officials said the city can only afford to maintain three of its current seven libraries. In court Tuesday, the city apologized to the Mission Viejo community but said closing libraries was the most logical cut during tough economic times.

“I, for one second, don’t have any problem with what this HOA is trying to do,” said Aurora City Attorney Charles Richardson. “My HOA would try to do the same thing.”

Todd McMahon, president of the Mission Viejo HOA, said he was disappointed.

“It means so much to the community,” McMahon said. “It means so much as a homeowner. It’s an asset. It’s a cornerstone of this community.”

In November, Aurora voters rejected a ballot measure that would have established a special library taxing district. That would have saved the four libraries, including Mission Viejo, slated for closure.

The HOA said it now plans to take their case to trial in March.