Opinion
CV-23-277
08-18-2023
JBK REAL ESTATE, LLC, Plaintiff v. MARY PLUMMER, Defendant,
Plaintiff-Amanda Dupuis, Esq. and Glenn Israel, Esq. Defendant not served or appeared
Plaintiff-Amanda Dupuis, Esq. and Glenn Israel, Esq.
Defendant not served or appeared
ORDER DENYING TEMPORARY RESTRAINING ORDER (PURSUANT TO M.R. CIV. P. 65)
DEBORAH P. CASHMAN, JUSTICE
Before the Court is Plaintiff, JBK Real Estate, LLC's, Motion for Temporary Restraining Order. On August 17, 2023, Plaintiff moved for an ex parte temporary restraining order ("TRO") and preliminary injunction requesting Defendant be temporarily enjoined from altering, damaging or in any way destroying the property subject to this litigation. After considering the motion for TRO, including the affidavit of Amanda Dupuis, Esquire, as well as the applicable law, the court denies the requested relief.
Legal Standard
A party seeking injunctive relief by ex parte temporary restraining order ("TRO") must demonstrate (1) clearly by specific facts in a verified complaint or affidavit(s) that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party or that party's attorney can be heard in opposition and (2) through counsel certification, the efforts, if any, which have been made to give the notice and the reasons supporting the claim that notice should not be required. M.R. Civ. P. 65(a). The Law Court has stated that a party moving for a TRO or preliminary injunction must show the following criteria are met: (1) the moving party will suffer irreparable injury without injunction, (2) the injury outweighs any harm that granting the injunction will cause the nonmoving party, (3) the moving party has at least a substantial possibility that it will succeed on the merits, and (4) injunction will not harm the public interest. Bangor Historic Track., Inc. v. Dep't of Agric, 2003 ME 140, ¶ 9, 837 A.2d 129 (citing M.R. Civ. P. 65). Irreparable injury is "injury for which there is no adequate remedy at law...." Bar Harbor Banking & Tr., 411 A.2d at 79. "Failure to demonstrate that any one of the[] criteria are met requires that injunctive relief be denied." Bangor Historic Track, 2003 ME 140, ¶ 10, 837 A.2d 129. An order granting an ex parte temporary restraining order "shall define the injury and state why it is irreparable and why the order was granted without notice; and shall expire by its terms within such time after entry as the court fixes...." M.R. Civ. P. 65(a).
Discussion
After review of the initial submissions from Plaintiffs, the Court finds that Plaintiffs have not met their burden on the irreparable harm prong.
The entry is
Motion for Temporary Restraining Order is DENIED. The clerk is directed to enter this order on the docket by reference. M.R. Civ. P. 79(a).