Lloyd Corporation v. Whiffen

I. MAJORITY’S ANALYSIS

A. INTRODUCTION

Shorn of its obfuscating fleece, the majority opinion holds that trespassers may not be enjoined from further trespassing so long as the trespassers are gathering signatures for an initiative petition. Because I believe that this case should be analyzed differently and resolved in plaintiffs favor, I dissent.

*690B. THE MAJORITY’S ANALYSIS IS NOT SUBCONSTITUTIONAL

After stating the facts amidst occasional hypothesizing, the majority is emphatic in stating the well-recognized principle that a court should avoid constitutional adjudication when it may decide a…