Hatfield Township v. Lexon Insurance Co.

DISSENTING OPINION BY

Judge LEAVITT.

I respectfully dissent. I disagree with the majority’s conclusion that the Township has satisfied the strict requirements for mandatory preliminary injunctive relief. Simply, the trial court’s preliminary injunction to Lexon to pay $521,538.86 under a construction bond is an award of contract damages, which cannot be obtained in an equitable proceeding. A fortiori, a preliminary injunction to pay a discrete sum of money does not preserve the status quo but, rather, disturbs it. Accordingly, I would dissolve the trial court’s mandatory preliminary injunction.

T…