Summary
The Maine Supreme Judicial Court vacated a temporary restraining order that prohibited School Administrative District No. 68 from taking steps to close Charleston Elementary School after a referendum approving closure. The court held that the Town of Charleston had not provided factual support for irreparable injury occurring after the referendum, as required for injunctive relief under Maine Rule of Civil Procedure 65(a).
Holdings
- The temporary restraining order was improper because the Town's pleadings and the record contained no factual allegations or support showing irreparable injury that would occur after the referendum.
Questions Presented
- Whether the Superior Court had a sufficient factual basis under Maine Rule of Civil Procedure 65(a) to issue a temporary restraining order preventing the District from taking steps to close the school after the referendum.
- Whether the Town demonstrated the irreparable injury required for temporary injunctive relief.
Disposition
vacated
Cases Cited (3)
- Dep't of Envtl. Prot. v. Emerson, 563 A.2d 762, 768 (Me. 1989)(followed)
- Bar Harbor Banking & Trust Co. v. Alexander, 411 A.2d 74, 79 (Me. 1980)(followed)
- Eaton v. Cormier, 2000 ME 65, ¶ 4, 748 A.2d 1006, 1008(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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