Ignoring an injunction

[NeilTheCop]

What is the name of your state? NM

I’m not sure where the original thread is but….

In my civil nuisance case the judge granted a preliminary injunction that prohibited manure trucks from using a section of a gravel road next to my property. The judge even included a map of the area and highlighted a “Do not drive here” section.

Beginning yesterday the trucks are back, and I have plenty of videos as proof.

I emailed the attorney for the Defendant and so far have not received a reply. My intent now is to file a motion for indirect contempt.

Seems fairly straightforward except… what do I ask the court to actually do?

I don’t want money, just the trucks to stop until I can put my case to a jury. No trial date has been set and I’m not prepared to let the trucks continue until then.

Point me in the right direction please.

 

[PayrollHRGuy]

I think a demand for $10,000 per truck passage along the road sound fair.

 

[NeilTheCop]

I think a demand for $10,000 per truck passage along the road sound fair.

Nice idea, but I don't want money, just the trucks to stop.
I was considering asking that the injunction be amended to compel the defendant to install an immovable barrier to physically prevent the trucks using that section of the road.

 

[Zigner]

Nice idea, but I don't want money, just the trucks to stop.
I was considering asking that the injunction be amended to compel the defendant to install an immovable barrier to physically prevent the trucks using that section of the road.

They are ignoring the injunction already. Money hurts.

 

[NeilTheCop]

They are ignoring the injunction already. Money hurts.

As we all know only too well
The fact that they are ignoring the injunction is why I'm considering asking that the court to compel the Defendant to block the road. Then I'll ask for any punitive damages be awarded that the court sees fit.

 

[PayrollHRGuy]

Nice idea, but I don't want money, just the trucks to stop.
I was considering asking that the injunction be amended to compel the defendant to install an immovable barrier to physically prevent the trucks using that section of the road.

It isn't like the judge is going to stand at the end of the road and stop the trucks. Money is a way to stop them.

 

[ALawyer]

What you really want is to stop the trucks from returning permanently. That you have an injunction is critical as judges get ticked off when anyone violates an injunction.

If you retained a lawyer to get the judge to grant the injunction, that same lawyer would be in the best position to advise you. The suggestions given by others here is sound -- your lawyer likely would ask the judge to have the other side pay money damages PLUS to have the court strengthen the injunction by having the other side pay to install the barrier you have in mind plus pay your lawyer's legal fees for helping you enforce the injunction.

 

[Zigner]

What you really want is to stop the trucks from returning permanently. That you have an injunction is critical as judges get ticked off when anyone violates an injunction.

If you retained a lawyer to get the judge to grant the injunction, that same lawyer would be in the best position to advise you. The suggestions given by others here is sound -- your lawyer likely would ask the judge to have the other side pay money damages PLUS to have the court strengthen the injunction by having the other side pay to install the barrier you have in mind plus pay your lawyer's legal fees for helping you enforce the injunction.

The OP is self-represented.

 

[NeilTheCop]

What you really want is to stop the trucks from returning permanently.

Correct. And as this will be the very first challenge to the New Mexico Right to Farm Act. I want it to go before a jury.

 

[LdiJ]

What is the name of your state? NM

I’m not sure where the original thread is but….

In my civil nuisance case the judge granted a preliminary injunction that prohibited manure trucks from using a section of a gravel road next to my property. The judge even included a map of the area and highlighted a “Do not drive here” section.

Beginning yesterday the trucks are back, and I have plenty of videos as proof.

I emailed the attorney for the Defendant and so far have not received a reply. My intent now is to file a motion for indirect contempt.

Seems fairly straightforward except… what do I ask the court to actually do?

I don’t want money, just the trucks to stop until I can put my case to a jury. No trial date has been set and I’m not prepared to let the trucks continue until then.

Point me in the right direction please.

That sounds more like direct contempt to me rather than indirect contempt.

 

[quincy]

That sounds more like direct contempt to me rather than indirect contempt.

Direct contempt is in the presence of the court. Indirect contempt is outside court.

 

[adjusterjack]

I’m not prepared to let the trucks continue until then.

Point me in the right direction please.

Print out extra copies of the injunction, park your car or truck so it blocks the road, hand out copies of the injunction, call the police if they give you a hard time.

Otherwise it's going to be months before you can get the court to do anything and the manure people will probably ignore that, too.

 

[quincy]

Print out extra copies of the injunction, park your car or truck so it blocks the road, hand out copies of the injunction, call the police if they give you a hard time.

Otherwise it's going to be months before you can get the court to do anything and the manure people will probably ignore that, too.

It’s not his road. The road is on his neighbor’s property.

He should handle the contempt of court order through the court and not try to enforce the injunction on his own.

 

[adjusterjack]

It’s not his road. The road is on his neighbor’s property.

Oh, yeah, forgot about that.

I’m not sure where the original thread is but….

Here's one manure thread that contains links to two others in case anybody wants to read the history.

https://forum.freeadvice.com/threads/informing-a-county-commission-of-legal-intent.656314/

 

[quincy]

NeilTheCop’s problem with his manure-producing neighbor has been going on a long time.