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Preliminary Injunctions/TROs Require Posting of Bond
The Federal Rules prohibit TROs and preliminary injunctions without security "in such sum as the court deems proper." Whether to require a bond is in the court's discretion. At 1374:
. . . [C]ourts have held that security is not required in the following circumstances: (1) when the party seeking the injunction has a high probability of succeeding on the merits of its claim, ...; (2) when the party to be enjoined is a municipality or county government that likely would not incur any significant cost or monetary damages from the issuance of the injunction, ...; (3) when demanding a bond from the party seeking the injunction would injure the constitutional rights of the party or the public . ...
All three apply in this case involving a zoning ordinance restricting "adult entertainment." See: University Books & Videos, Inc. v. Metropolitan Dade County, 33 F.Supp.2d 1364 (S.D.Fla. 1999).
. . . [C]ourts have held that security is not required in the following circumstances: (1) when the party seeking the injunction has a high probability of succeeding on the merits of its claim, ...; (2) when the party to be enjoined is a municipality or county government that likely would not incur any significant cost or monetary damages from the issuance of the injunction, ...; (3) when demanding a bond from the party seeking the injunction would injure the constitutional rights of the party or the public . ...
All three apply in this case involving a zoning ordinance restricting "adult entertainment." See: University Books & Videos, Inc. v. Metropolitan Dade County, 33 F.Supp.2d 1364 (S.D.Fla. 1999).
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Related legal case
University Books & Videos, Inc. v. Metropolitan Dade County
| Year | 1999 |
|---|---|
| Cite | 33 F.Supp.2d 1364 (S.D.Fla. 1999) |
| Level | District Court |
| Injunction Status | N/A |