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Macon County Racing Commission v. Macon County Greyhound Park, Inc.

Citations: 574 So. 2d 819; 1990 Ala. Civ. App. LEXIS 398; 1990 WL 121247Docket: Civ. 7829

Court: Court of Civil Appeals of Alabama; August 22, 1990; Alabama; State Appellate Court

Narrative Opinion Summary

The case involves the Macon County Racing Commission and Macon County Greyhound Park (VictoryLand), where the latter sought a preliminary injunction against new regulations. The Circuit Court of Macon County granted the injunction without any evidence being presented to demonstrate irreparable harm, necessity, or imminence of injury, as required by Alabama law. The commission appealed the decision, arguing procedural deficiencies in the injunction's issuance. The appellate court agreed, noting the absence of evidence supporting VictoryLand's claims and the circuit court's failure to comply with Rule 65(d)(2) of the Alabama Rules of Civil Procedure, which mandates detailed reasons and terms in injunction orders. Consequently, the appellate court reversed the circuit court's order, instructing the dissolution of the preliminary injunction. Judges Robertson and Russell concurred with the decision, emphasizing adherence to procedural requirements and evidentiary support in judicial orders.

Legal Issues Addressed

Compliance with Rule 65(d)(2) of Alabama Rules of Civil Procedure

Application: The circuit court’s failure to specify reasons and detailed terms in its injunction order led to the appellate court's reversal of the injunction.

Reasoning: The court's order, which only stated the necessity to maintain the status quo without providing specific reasons or detailed terms, did not comply with these requirements.

Requirements for Preliminary Injunction

Application: The appellate court emphasized the necessity for a party to demonstrate irreparable harm, necessity, and imminence of injury to obtain a preliminary injunction.

Reasoning: Alabama law requires that a party seeking a preliminary injunction must demonstrate: (1) irreparable injury, (2) the necessity of the injunction to prevent that injury, and (3) that the injury is imminent and not merely speculative.