790 Montclair, LLC v. The Station at Crestline Heights, LLC, et al., [Ms. SC-2024-0100, July 3, 2025] __ So. 3d __ (Ala. 2025). The Court (Sellers, J.; Stewart, C.J., and Wise, Mendheim, Cook, McCool, and Lewis, JJ., concur; Shaw and Bryan, JJ., concur in the result) affirms the Jefferson County Circuit Court’s denial of a preliminary injunction sought by Plaintiff 790 Montclair, LLC.
The trial court found that 790 Montclair had not demonstrated that it was entitled to injunctive relief against The Station at Crestline Heights, LLC and denied its request. Ms. *6. The Court notes that a trial court’s legal rulings in preliminary injunction proceedings are reviewed de novo, and the ultimate decision to grant or deny a preliminary injunction is reviewed for an abuse of discretion. Ms. *5. When the trial court hears live testimony, as was the case here, the trial court’s factual findings are presumed correct and “those findings will not be disturbed on appeal unless they are clearly erroneous and against the great weight of the evidence.” Ms. *6. The Court finds that the trial court did not exceed its discretion in finding that 790 Montclair had failed to demonstrate entitlement to injunctive relief.