When will a court order an injunction against a governmental entity for allegedly violating a statutory ban on certain activities?

California, United States of America


The following excerpt is from IT Corp. v. County of Imperial, 196 Cal.Rptr. 715, 35 Cal.3d 63, 672 P.2d 121 (Cal. 1983):

Each position has some merit. The County properly points out that once a trial court has determined that the governmental entity will probably succeed at trial in proving a statutory violation, the court is justified in presuming that public harm will result if an injunction is not issued. The reasoning underlying this argument is sound. Where a legislative body has enacted[672 P.2d 126] a statutory provision proscribing a certain activity, it has already determined that such activity is contrary to the public interest. Further, where the legislative body has specifically authorized injunctive relief against the violation of such a law, it has already determined (1) that significant public harm will result from the proscribed activity, and (2) that injunctive relief may be the most appropriate way to protect against that harm. (See Paul v. Wadler (1962) 209 Cal.App.2d 615, 625, 26 Cal.Rptr. 341.)

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