Tisdale et al v. The City of Andalusia, Alabama

Filing 8

TEMPORARY RESTRAINING ORDER: It is ORDERED that Plaintiffs' 3 Motion for Temporary Restraining Order is GRANTED as follows: 1. It is ORDERED that Defendant City of Andalusia is RESTRAINED and ENJOINED from repairing or demolishing the structur es that are the subject of Plaintiffs' complaint. 2. It is further ORDERED that, on or before 5/31/2016, Plaintiffs shall post with the Clerk of the Court a surety bond in the amount of $1000, in order to secure the payment of any costs and damages that may be sustained by any party who is found to have been wrongfully enjoined or restrained. 3. It is ORDERED that this temporary restraining order shall expire at 5:00 PM on 6/10/2016. 4. It is ORDERED that the Motion for Preliminary Inj unction is set for a hearing at 09:00 AM on 6/10/2016 in Courtroom 2B in Montgomery, AL before Chief Judge William Keith Watkins. Counsel shall appear in person, and telephonic appearances will not be permitted. The Clerk of the Court is DIRECTED to provide a court reporter for the hearing. Plaintiff is DIRECTED to promptly serve Defendant with a copy of this Order. Signed by Chief Judge William Keith Watkins on 5/27/2016. Copies furnished to calendar group, AR, Cashier, Financial.(dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
JOHN W. TISDALE, JR., et al.,
Plaintiffs,
v.
THE CITY OF ANDALUSIA,
ALABAMA,
Defendant.

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CASE NO. 2:16-CV-387-WKW
(WO)

TEMPORARY RESTRAINING ORDER
Before the court is Plaintiffs’ motion for temporary restraining order and
preliminary injunction. (Doc. # 3.) This is a civil rights action brought pursuant to
42 U.S.C. § 1983. Plaintiffs allege that, in violation of the Fifth and Fourteenth
Amendments to the United States Constitution, Defendant City of Andalusia
intends to demolish and repair certain structures on Plaintiffs’ properties on or
before May 31, 2016. Having considered the motion, the court concludes that the
motion for temporary restraining order is due to be granted.
Plaintiffs have met the procedural requirements for filing a motion for
temporary restraining order. Further, they have demonstrated (1) a substantial
likelihood of success on the merits; (2) that, if the relief is not granted, they will
suffer irreparable injury in the form of permanent destruction of or damage to the
property that is described in the complaint; (3) that the threatened injury outweighs

the harm the relief would inflict on the City of Andalusia; and (4) that entry of the
relief would serve the public interest. Schiavo ex rel. Schindler v. Schiavo, 403
F.3d 1223, 1225 (11th Cir. 2005).

The court notes that a restraining order

temporarily prohibiting destruction of buildings that have allegedly long been in
disrepair will impose little if any burden on the City of Andalusia, and no financial
risk.
For the foregoing reasons, it is ORDERED that Plaintiffs’ Motion for
Temporary Restraining Order (Doc. # 3) is GRANTED as follows:
1.

It is ORDERED that Defendant City of Andalusia is RESTRAINED and

ENJOINED from repairing or demolishing the structures that are the subject of
Plaintiffs’ complaint.
2.

It is further ORDERED that, on or before May 31, 2016, Plaintiffs shall

post with the Clerk of the Court a surety bond in the amount of $1000, in order to
secure the payment of any costs and damages that may be sustained by any party
who is found to have been wrongfully enjoined or restrained.
3.

It is ORDERED that this temporary restraining order shall expire at 5:00

p.m. on June 10, 2016.
4.

It is ORDERED that motion for preliminary injunction is set for a hearing on

9:00 a.m. on June 10, 2016, in Courtroom in courtroom 2-B of the Frank M.
Johnson, Jr. U.S. Courthouse, in Montgomery, Alabama. Counsel shall appear in
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person, and telephonic appearances will not be permitted. The Clerk of the Court is
DIRECTED to provide a court reporter for the hearing.
Plaintiff is DIRECTED to promptly serve Defendant with a copy of this
Order.
DONE this 27th day of May, 2016.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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