Fease v. Vendenakker

Ricciardone, David, J.

INTRODUCTION

This matter came before the court for hearing on the motion of the defendants, plaintiffs-in-counterclaim, to enjoin the plaintiff from altering the dam on its adjoining property in the manner it has for the past two years causing flooding of the defendants’ land. For reasons discussed below, the motion is ALLOWED.

DISCUSSION

To succeed in an action for a preliminary injunction, a plaintiff 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 plaintiffs likelihood…