Requirements For Preliminary Injunction Order

City of Helena v. Pelham Bd. of Education, et al., [Ms. SC-2022-0554, Oct. 21, 2022] __ So. 3d __ (Ala. 2022). The Court (Sellers, J.; Parker, C.J., and Bolin, Wise, and Stewart, JJ., concur) dissolves a preliminary injunction issued by the Shelby Circuit Court. The City of Helena sued the Pelham Board of Education (“the Board”) and its board members asserting that the Board’s construction of an athletic-field project was contrary to Helena’s zoning ordinance. The Board defendants filed counterclaims seeking, inter alia, “declaratory and injunctive relief based on their position that the athletic-field project served a governmental purpose and, therefore, was not subject to Helena’s zoning ordinance.” Ms. **3-4. In issuing a preliminary injunction, “the trial court concluded that the Board, as an agency of the State, was not subject to the zoning regulations of either the City of Pelham or any other city in Shelby County, including Helena. Accordingly, the trial court ruled that the stop-work orders issued by Helena were void, and it ordered Helena to immediately rescind those orders.” Ms. *5.

In dissolving the preliminary injunction, the Court concludes “the trial court exceeded its discretion in granting a preliminary injunction in favor of the Board defendants by failing to include in its order the specific reasons for the issuance of the injunction as required by Rule 65, Ala. R. Civ. P.” Ms. *7. The Court notes “[o]ur holding should not be interpreted as precluding the Board defendants from requesting that the trial court issue a preliminary injunction that is consistent with this opinion.” Ms. *10.

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