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367.190 Injunction -- Hearing.
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Whenever the Attorney General has reason to believe that any person is using,
has used, or is about to use any method, act or practice declared by KRS
367.170 to be unlawful, and that proceedings would be in the public interest, he
may immediately move in the name of the Commonwealth in a Circuit Court for
a restraining order or temporary or permanent injunction to prohibit the use of
such method, act or practice. The action may be brought in the Circuit Court of
the county in which such person resides or has his principal place of business
or in the Circuit Court of the county in which the method, act or practice
declared by KRS 367.170 to be unlawful has been committed or is about to be
committed; or with consent of the parties may be brought in the Franklin Circuit
Court.
Upon application of the Attorney General, a restraining order shall be granted
whenever it reasonably appears that any person will suffer immediate harm,
loss or injury from a method, act or practice prohibited by KRS 367.170. If the
defendant moves for the dissolution of a restraining order issued under this
section, the court shall hold a hearing within five (5) business days of the date
of service of the defendant's motion to dissolve, unless a delay in hearing the
cause is requested by, or otherwise caused by the defendant. If such a hearing
is not held within five (5) business days, the restraining order will automatically
be dissolved.
In order to obtain a temporary or permanent injunction, it shall not be
necessary to allege or prove that an adequate remedy at law does not exist.
Further, it shall not be necessary to allege or prove that irreparable injury, loss
or damage will result if the injunctive relief is denied.
History: Created 1972 Ky. Acts ch. 4, sec. 9.
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