(251) 299-0101

PRELIMINARY INJUNCTION - SELMA AIR CENTER, INC. V. CRAIG FIELD AIRPORT AND INDUS. AUTH.

Selma Air Center, Inc. v. Craig Field Airport and Indus. Auth., [Ms. 2150339, May 27, 2016] __ So. 3d __ (Ala. Civ. App. 2016). Because Alabama law provides various legal remedies by which a commercial landlord may regain possession of premises allegedly wrongfully withheld by a holdover tenant such as a common-law action of ejectment (Jackson v. Davis, 153 So. 3d 820 (Ala. Civ. App. 2014)), a statutory action of ejectment (§ 6-6-280(b), Ala. Code 1975), for an unlawful-detainer proceeding (§ 6-6-310, et seq., Ala. Code 1975), the lessor failed to prove it had no adequate remedy at law or that it would suffer irreparable injury as required before a court may grant a preliminary injunction. Holiday Isle, LLC v. Atkins, 12 So. 3d 1173 (Ala. 2008). This holding is in keeping with the general rule that “[a] bill in equity, such as for an injunction, ordinarily is not available to the landlord for the recovery of possession of the premises except where there is no adequate remedy at law and the landlord is threatened with a permanent and continuing injury.” Ms. *4-5, quoting 52B C.J.S. Landlord and Tenant, § 1500 (2012).

Categories: