Also known as:injoins · injoined · injoining · enjoin
Written by attorneys · grounded in primary & secondary sources — see below
To direct a party by judicial order to refrain from or perform a particular act. The order prevents ongoing or threatened violations of legal rights when monetary relief would be inadequate.
Sources & Authorities
How it applies
Common Examples
6
Parents Challenge Waste Station
The City of Fairview operates a waste transfer station next to a public soccer complex. Dust and odor regularly reach the fields and interfere with community recreation. A group of parents files suit seeking to stop the emissions. Because the parents have not shown harm different in kind from that suffered by the general public, the court denies their request to enjoin the station.
Beneficiary Blocks Trustee Action
Midnight Power learns that the trustee of a family trust plans to sell trust property in a manner that would violate the trust terms. Midnight Power petitions the court to stop the sale before it occurs. The court grants the request and enjoins the trustee from committing the breach.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Dictionaries
Shareholder Stops Ultra Vires Act
Indigo Textiles announces it will guarantee the debts of an unrelated startup, an act beyond its articles of incorporation. A shareholder brings suit to halt the guarantee. The court permits the shareholder to proceed with the request to enjoin the unauthorized corporate action.
Officer Sued for Ongoing Violation
A state environmental official continues to issue permits that violate federal clean-water standards. An affected landowner sues the official in federal court for prospective relief. The court allows the suit to proceed to enjoin the ongoing federal-law violation.
Court Weighs Equities on Injunction
Shareholders sue to stop Indigo Textiles from completing an unauthorized merger. All affected parties are before the court. The court determines that an injunction is equitable, sets aside the merger, and awards damages for losses caused by the attempted transaction.
Zoning Ordinance Faces Challenge
Ambler Realty owns land that a new zoning ordinance restricts to residential use. The company sues the village seeking to prevent enforcement of the ordinance on the ground that it destroys commercial value. The court refuses to enjoin the ordinance because the zoning measure is not shown to be arbitrary or unreasonable.
Village of Euclid Ohio v. Ambler Realty Co.272 U.S. 365, 47 S.Ct. 114, 71 L.Ed 303 (1926)
Common questions
Frequently Asked
4
Who may bring an action to enjoin a public nuisance?+
A private party may maintain the action only when the party has suffered harm different in kind from that suffered by the general public. A public official or agency may also bring the action on behalf of the state or a political subdivision.
Supporting sources
What remedies are available when a trustee is about to breach a trust?+
A court may enjoin the trustee from committing the breach. The court may also compel performance of duties, order an accounting, or require the trustee to redress the breach by payment or restoration of property.
Supporting sources
When may a shareholder challenge an act as beyond corporate power?+
A shareholder may sue the corporation to enjoin the act. The court may then enjoin or set aside the act if equitable, provided all affected persons are parties, and may award damages other than anticipated profits.
Supporting sources
Does the Eleventh Amendment bar suits to stop state officers from violating federal law?+
No. Under the Ex parte Young doctrine a federal court may entertain a suit against a state officer for prospective injunctive relief to end ongoing violations of federal law.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…refused injunctive relief but erred in granting declaratory relief to Roe. Pp. 129-166. (a) The principle that a court may not enjoin enforcement of a statute unless the plaintiff shows that he is immediately threatened with irreparable injury is not applicable where the plaintiff attacks the facial validity of the…