Opinion
Chancery No. 24210
06-13-2005
SOUTH AUBURN L.P., et al., Complainants, v. OLD AUBURN MILLS, L.P., et al., Defendants.
Memorandum Opinion
This case is before the Court on the motion of the Complainants for preliminary injunctive relief. The parties were directed to file affidavits in support of their respective positions. Those affidavits and the accompanying papers have been reviewed. After hearing the arguments of counsel, the Court took the matter under advisement.
The merits of the instant motion are to be judged according to familiar principles established for deciding requests for preliminary injunctions. These include consideration of the balancing of the hardships, likelihood of success on the merits, the likelihood of irreparable harm should relief not be afforded the requesting party, and the public interest. See Blackwelder Furniture Co. v. Seilig Manufacturing Co., 550 F.2d 189 (4th Cir. 1977). In the instant case, the Court need go no further than a consideration of the harm to the Complainants should preliminary injunctive relief not been granted.
A merits hearing on the underlying Bill of Complaint is scheduled within the coming month. In order for any settlement agreement with the County to be effected, the Complainants must consent. It is impossible to either qualify or quantify the allegations of lost good will with the County upon the extant record. In short, the likelihood of irreparable harm to the Complainants, should injunctive relief not be granted, has not been shown.
Mr. Odin may draw a Decree consistent with this opinion, to which Mr. Bennett may note his exception.
ENTERED this 13th day of June 2005.
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Thomas D. Horne, Judge