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Although Civ.R. 65 mandates a hearing on a preliminary injunction only when a temporary restraining order has been granted, the rule nonetheless contemplates a hearing on a preliminary injunction where the facts and circumstances surrounding the motion so warrant, so that a trial court is required to exercise its discretion in determining whether a hearing is appropriate given the allegations and circumstances of any particular motion for preliminary injunction require a hearing.
A temporary restraining order was issued June 20 that will allow Samir Musleh of Magic Food Inc., known as Majik Market, to continue selling liquor at his store. The motion for a temporary restraining order and preliminary injunction was filed on June 16 by his attorney, Laurence G. Schmidt, after the store's liquor license was revoked by the City of Festus.
A Timonium construction company has cited reverse race and sex discrimination in seeking to prevent Baltimore City's Board of School Commissioners from moving forward on a project to replace Waverly Elementary School. CAM Construction Co. Inc. filed a temporary restraining order application and a motion for preliminary injunction on Wednesday in Baltimore's U.S. District Court, alleging that the company was passed over despite being the lowest bidder on the multimillion- dollar school construction project.
Pure Pleasure Boutique may be headed back to federal court, since the Pevely Board of Aldermen unanimously voted to deny a business license -- again. After the board denied the license last year, the company sought a temporary restraining order and preliminary injunction in federal court, alleging violations of the First and Fifth amendment rights.
The U.S. District Court Eastern District granted the motion Dec. 2 for temporary restraining order and preliminary injunction to Pure Pleasure Boutique in Pevely. I am very pleased for my client, who was already treated unfairly and illegally restricted by another Jefferson County municipality (Crystal City)," said attorney Bob Kister. "My client operates a lingerie and novelty retail store in Pevely. They stuck to their position and the Constitution has prevailed, at least for the temporary injunction.
A judge has initially rejected efforts by an Allegany County citizens group to block further work on renovations at the county courthouse in Belmont. Ruling Friday in Buffalo, State Supreme Court Justice Patrick J. NeMoyer turned down requests by Allegany County Citizens for Responsible Government for a preliminary injunction or a temporary restraining order to block the state-mandated project as too costly and environmentally unsound.
Temporary Restraining Order, Preliminary Injunction, Non-competition clause, shareholder agreement & close corporation agreement
Judgment entry on motion for a preliminary injunction, temporary restraining order and request for declaratory relief. Motion granted.
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