Hedlund v. River Bluff Estates, LLC
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The Supreme Court affirmed the circuit court’s denial of Appellants’ denial of their request for preliminary injunctive relief against River Bluff Estates, LLC, holding that Appellants did not demonstrate the need for preliminary injunctive relief.
Appellants filed a complaint against River Bluff, alleging nuisance (increased drainage due to physical changes to River Bluff’s property) and trespass (rain events causing an encroachment of the slope onto Appellants’ properties). Appellants requested preliminary and permanent injunctive relief and damages. The circuit court denied preliminary injunctive relief. The Supreme Court affirmed the denial of preliminary injunctive relief and remanded for further proceedings on Appellants’ legal and equitable claims, holding (1) the circuit court erred in concluding that monetary compensation would afford Appellants adequate relief in this case, but nevertheless, Appellants failed to demonstrate that they were likely to suffer irreparable harm prior to a final disposition of the case on its merits; and (2) the circuit court’s factual findings and legal conclusions were not preclusive as to the merits of Appellants’ request for permanent injunctive relief.
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