Injunctive Relief Against a Municipality in Mississippi

When bringing an action against a city government, the Plaintiff may demand an immediate remedy before the case is finalized.  For example, to prevent a city government from taking an action, or in other instances, force a city to take action, one may file a Petition for Preliminary Injunction in connection with the underlying lawsuit.  According to the The Mississippi Rules of Civil Procedure Advisory Committee:

“The purpose of a preliminary injunction is to provide injunctive relief until the merits
of the case are resolved. Preliminary injunctions cannot be granted without notice. A party
moving for preliminary injunctive relief pursuant to Rule 65(a) must demonstrate that “(i)
there exists a substantial likelihood that the [movant] will prevail on the merits; (ii) the
injunction is necessary to prevent irreparable harm; (iii) the threatened injury to the [movant] outweighs the harm an injunction might do to the [opposing party]; and (iv) granting a preliminary injunction is consistent with the public interest.” See Littleton v. McAdams, 60 So. 3d 169, 171 (Miss. 2011). Motions for preliminary injunctions are within the trial court’s discretion. See City of Durant v. Humphreys County Mem’l Hosp., 587 So. 2d 244, 250 (Miss. 1991).

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