Issue: Under Minnesota law, is a plaintiff entitled to a mandatory temporary injunction regarding an easement when he cannot demonstrate a likelihood of success on the merits at trial?
|Area of Law:||Litigation & Procedure, Real Estate Law|
|Keywords:||Mandatory temporary injunction; Easement|
|Cited Cases:||317 N.W.2d 710; 101 N.W. 161; 220 Minn. 48; 93 Minn. 247; 287 N.W.2d 923; 343 N.W.2d 691; 77 A.2d 595; 108 Minn. 132; 265 N.W. 347; 230 N.W.2d 588; 19 N.W.2d 394; 137 N.W.2d 321; 287 Minn. 254; 346 N.W.2d 162; 9 N.W.2d 421; 256 N.W.2d 271|
|Cited Statutes:||Minn. Stat. § 513.04;|
In Dahlberg, the court enumerated the following five factors the trial court should consider in determining whether a temporary injunction should issue:
1. The nature and background of the relationship between the parties prior to the dispute giving rise to the request for relief.
2. The harm to be suffered by plaintiff if the temporary restraint is denied as compared to that inflicted on defendant if the injunction issues pending trial.
3. The likelihood that one party or the other will prevail on the merits when the fact situation is viewed in light of established precedents fixing the limits of equitable relief.