Issuance of a Preliminary Injunction in Massachusetts

[yikes9999]

What is/are the standard(s) for issuance of a preliminary injunction in Massachusetts? THANKS!

[aaron]

In what type of case?

If this is the dispute you're having with your neighbors, again, it is best that you ask your follow-up questions in one of your existing threads. You can find information on Massachusetts personal protection orders here.

[yikes9999]

I don't think people want to read through that entire post to get to this specific question, which requires a specific answer.

Thanks for your link. Here's what it says about getting an injunction against
a neighbor:

Note: If the above categories do not fit your situation, you can file for "injunctive relief" and ask for a Restraining Order (not a 209A Abuse Prevention Order) in Superior Court. This may apply to cases where the abuser is a neighbor, co-worker, or stranger. You may also be able to file a criminal complaint against that person.

Here's all I want to know:

What is/are the standard(s) for issuance of a preliminary injunction in Massachusetts? THANKS

[aaron]

How about asking your lawyer.

[yikes9999]

I've asked FIVE lawyers. They only seem to know about the 209A. My lawyer said he'd "brainstorm" over the weekend about it and get back to me.
So far no word.

[Mr. Knowitall]

Assuming you can identify a basis for a preliminary injuction, and that basis doesn't have special rules which apply, in order for a preliminary injunction to issue, the moving party must show:

(1) a likelihood of success on the merits;

(2) that irreparable harm will result from denial of the injunction; and

(3) that, in light of the moving party's likelihood of success on the merits, the risk of irreparable harm to the moving party outweighs the potential harm to the nonmoving party in granting the injunction.

Tri-Nel Mgt., Inc. v. Board of Health of Barnstable, 433 Mass. 217, 219, 741 N.E.2d 37 (2001).

[yikes9999]

GOD BLESS YOU MR. KNOWITALL!!! Thanks so much.

[rhouletwo]

Assuming you can identify a basis for a preliminary injuction, and that basis doesn't have special rules which apply, in order for a preliminary injunction to issue, the moving party must show:

(1) a likelihood of success on the merits;

(2) that irreparable harm will result from denial of the injunction; and

(3) that, in light of the moving party's likelihood of success on the merits, the risk of irreparable harm to the moving party outweighs the potential harm to the nonmoving party in granting the injunction.

Tri-Nel Mgt., Inc. v. Board of Health of Barnstable, 433 Mass. 217, 219, 741 N.E.2d 37 (2001).

regarding injuntions...we have won our case in court over the status of a road being public or private. it was determined to be public, which was in our favor. The town now is trying to abandon the mainetenance of the road as public. The notice of the public hearing was entered AFTER the final judgement and their filing of an appeal, but BEFORE the appeal process is complete. Is filing an injunction an option? We are one of four landowners on this road....only one of them wants the road to be discontinued....and he sits on the Planning Board, which is who we took to court.

[aaron]

Are you "yikes9999" using a different name? If not, you should start your own thread.

[rhouletwo]

regarding injuntions...we have won our case in court over the status of a road being public or private. it was determined to be public, which was in our favor. The town now is trying to abandon the mainetenance of the road as public. The notice of the public hearing was entered AFTER the final judgement and their filing of an appeal, but BEFORE the appeal process is complete. Is filing an injunction an option? We are one of four landowners on this road....only one of them wants the road to be discontinued....and he sits on the Planning Board, which is who we took to court.