Permanent Injunction On Agricultural Land In Clark
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Injunction (Permanent): A permanent order granted by a court that enforces an existing right. For example, a seller may have a right to sell their property. If a neighbor is violating the right to sell, a court may issue a permanent injunction to stop the neighbor from acting in a way that would prevent the sale. 3.
Permanent injunctions are issued as a final judgment in a case, where monetary damages will not suffice. Failure to comply with an injunction may result in being held in contempt of court, which in turn may result in either criminal or civil liability. See, e.g., Roe v. Wade 410 US 113 (1973).
Most municipalities that have "agricultural zones" permit residential development on one to five acre tracts. Dividing farmland into these large tracts essentially turns a farm into large residential lots.
A prohibitory injunction, meanwhile, is an injunction of the court that prohibits or prevents a party from doing something specific. For example, this could be to prevent a breach of contract, or to prevent a party from dissipating their assets.
Injunctions are also used by a court when monetary restitution isn't sufficient to remedy the harm. For example, in addition to making a financial judgment against a defendant, a court might issue a permanent injunction ordering that the defendant does not participate in a certain activity or business.
An injunction or temporary restraining order is an order from the court prohibiting a party from performing or ordering a specified act, either temporarily or permanently.
If the judge grants the preliminary injunction, the defendant will receive notice and the opportunity to be heard before issuing the preliminary injunction. The preliminary injunction could be modified or lifted after the issuance if the circumstances substantially change after the issuance.
