You did not read the legislation. He based his decision that they would lose on the trial court record, but the legislation stipulates the procedure that he is to follow - namely to try the cases de novo - which is not a 2 hr preliminary hearing - but a multi-day hearing with expert witnesses, etc.
The trial court erred in chosing to credit that which they were expressly forbidden from crediting - namely the acts of the state to that point.
The de novo trial comes later. This was merely a hearing on providing injunctive relief.