Ignoring an injunction

[Taxing Matters]

The word may have filtered down the grapevine as the trucks have now stopped.
I'm going to file the motion for contempt and to have the original preliminary injunction modified to require the defendant to install a physical barrier.

How much will that barrier cost? You have a temporary injunction and the permanent injunction matter is yet to be heard. Imposing a significant cost to the defendant before the trial on the permanent injunction is probably not something the court will be willing to require for what amounted to a brief violation of the order. After all, if you lose the permanent injunction then the defendant's expense on the barrier is wasted. You can make the motion, of course, all I'm saying is don't get your hopes up too high on this if the barrier you seek will be costly to install.

 

[quincy]

A simple gate could be adequate to block truck travel down Neil’s side of the neighboring property’s U-shaped driveway/road.

But I think that Neil is probably not in a position yet to have a court order the installation of any barrier.

 

[NeilTheCop]

How much will that barrier cost? You have a temporary injunction and the permanent injunction matter is yet to be heard. Imposing a significant cost to the defendant before the trial on the permanent injunction is probably not something the court will be willing to require for what amounted to a brief violation of the order. After all, if you lose the permanent injunction then the defendant's expense on the barrier is wasted. You can make the motion, of course, all I'm saying is don't get your hopes up too high on this if the barrier you seek will be costly to install.

I'm not sure about brief. Is 5.30 AM to sunset for 3 days straight brief?
I have little hope of the judge approving a barrier, but considering they made an access onto a State road without bothering to get a permit, maybe a locked gate is a viable option.
But I filed today, so we shall see what the judge says.
I'll keep you posted

 

[quincy]

I'm not sure about brief. Is 5.30 AM to sunset for 3 days straight brief?
I have little hope of the judge approving a barrier, but considering they made an access onto a State road without bothering to get a permit, maybe a locked gate is a viable option.
But I filed today, so we shall see what the judge says.
I'll keep you posted

Yes. Please keep us informed.

Your adventures with the neighbor’s manure is a bit like Lemony Snickett’s Series of Unfortunate Events. I hope your tale will eventually have a happy ending - perhaps with trucks filled with manure driving off on the road farthest from your property and into a New Mexico sunset.

Good luck with the judge.