City of Kenner v. New Orleans Aviation Board

I respectfully dissent from the majority opinion. In my view, the trial court order granting the preliminary injunction should be vacated and the case remanded to the trial court for further hearing.

To me, the plaintiffs have structured an illegal and unauthorized proceeding in that they sought to prove the prerequisites for a preliminary injunction by affidavits without first obtaining a written order to use affidavits as required by C.C.P. Article 3609. As stated in Kilbourne v. Hunt, 276 So.2d 742 (1st Cir.1978) absence of the written order mandatorily requires a dismissal of an injunction…