§ 257-18. Preliminary injunction.  


Latest version.
  • A. 
    Generally. Pending an action pursuant to § 257-17 of this article, the court may grant a preliminary injunction enjoining a defendant from making a bulk transfer, as defined in Subsection B of this section. An order granting a preliminary injunction shall direct a trial of the issues within three business days after joinder of issue or, if issue has already been joined, within three business days after entry of the order. Where a preliminary injunction has been granted, the court shall render a decision with respect to the final determination of the action within three business days after the conclusion of the trial. A temporary restraining order may be granted pending a hearing for a preliminary injunction where it appears by clear and convincing evidence that a nuisance within the scope of this article is being conducted, maintained or permitted. The existence of an adequate remedy at law shall not prevent the granting of a temporary injunction or a temporary restraining order pursuant to this article.
    B. 
    Bulk transfer defined. A bulk transfer is any transfer of a major part of the materials, supplies, merchandise or other inventory or equipment of the transferor in the building, structure or place where the nuisance is being conducted, maintained or permitted that is not in the ordinary course of the transferor's business.
    C. 
    Enforcement of preliminary injunction. A preliminary injunction shall be enforced by the department specified in Subsection B of § 257-8 of this chapter.
    D. 
    Preliminary injunction; inventory. If the court grants a preliminary injunction, the injunction, the provisions of Subsection D of § 257-20 of this article shall be applicable.