Hernando County v. Galaxy Fireworks, Inc.

District Court of Appeal of Florida

Hernando County v. Galaxy Fireworks, Inc.

824 So. 2d 1060, 2002 Fla. App. LEXIS 12870, 2002 WL 2029512

CourtDistrict Court of Appeal of Florida

DecidedSeptember 6, 2002

DocketNo. 5D02-212

StatusPublished

This text of 824 So. 2d 1060 (Hernando County v. Galaxy Fireworks, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hernando County v. Galaxy Fireworks, Inc., 824 So. 2d 1060, 2002 Fla. App. LEXIS 12870, 2002 WL 2029512 (Fla. Ct. App. 2002).

Pincite

Opinion

GRIFFIN, J.

Hernando County [“the County”] appeals a non-final order denying its motion for a temporary injunction to prevent a claimed violation of the county’s zoning code. We recognize the accuracy of the County’s cited authorities that irreparable harm is presumed where an injunction is sought to halt the violation of a zoning ordinance. After a review of the record, however, we find no error in the trial court’s refusal to enter the temporary injunction. The trial judge explained that he had not been convinced either that the County was likely to prevail on the merits or that his refusal to enter the temporary injunction would result in irreparable harm. He emphasized that his ruling did not imply that the County would not prevail in further proceedings to obtain a permanent injunction or that the County [1061]*1061could not utilize normal enforcement procedures. He simply concluded that he had not been persuaded that the respondent should be enjoined until the matter was fully heard. On this record, we see no error.

AFFIRMED.

COBB and PALMER, JJ., concur.

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GRIFFIN, J.

Hernando County [“the County”] appeals a non-final order denying its motion for a temporary injunction to prevent a claimed violation of the county’s zoning code. We recognize the accuracy of the County’s cited authorities that irreparable harm is presumed where an injunction is sought to halt the violation of a zoning ordinance. After a review of the record, however, we find no error in the trial court’s refusal to enter the temporary injunction. The trial judge explained that he had not been convinced either that the County was likely to prevail on the merits or that his refusal to enter the temporary injunction would result in irreparable harm. He emphasized that his ruling did not imply that the County would not prevail in further proceedings to obtain a permanent injunction or that the County [1061]*1061could not utilize normal enforcement procedures. He simply concluded that he had not been persuaded that the respondent should be enjoined until the matter was fully heard. On this record, we see no error.

AFFIRMED.

COBB and PALMER, JJ., concur.

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Bluebook (online)

824 So. 2d 1060, 2002 Fla. App. LEXIS 12870, 2002 WL 2029512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hernando-county-v-galaxy-fireworks-inc-fladistctapp-2002.