Legal Opinion · Dissent

Porter v. K & S PARTNERSHIP

Montana Supreme Court

Decided April 30, 1981No. 80-290Published

1DissentJustice Sheehy

The reasons given to dissolve the preliminary injunction by the majority will be inexplicable to the District Court, as indeed they are to me.

*185There is no showing in the majority opinion that the plaintiff here failed to establish a prima facie right to preliminary injunctive relief, Troglia v. Bartoletti (1969), 152 Mont. 365, 451 P.2d 106; nor that the District Court in issuing the preliminary injunction made an erroneous conclusion of law, Ring v. Spina (2d Cir. 1945), 148 F.2d 647. Instead, the majority dissolves the injunction on an incorrect perception of the “status quo involved” and…

2Cases cited12 opinions

  1. Ring v. SpinaCourt of Appeals for the Second Circuit · 1945
  2. Marriage of Barron v. BarronMontana Supreme Court · 1978
  3. Sandstrom v. LarsenHawaii Supreme Court · 1978
  4. Ballenger v. TillmanMontana Supreme Court · 1958
  5. A. J. Industries, Inc. v. Alaska Public Service CommissionAlaska Supreme Court · 1970

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