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Stembridge Taylor Prevails in Business Dispute, Defeating Plaintiff’s Motion for a Preliminary Injunction Against Quarry Operator

August 16, 2023 Results

Stembridge Taylor recently blocked a motion for injunction and restraining order improperly brought against our client, a local quarrying company. The plaintiffs, a competing quarrying company and its owners, alleged that our client unlawfully converted plaintiffs’ equipment for its own use and benefit without providing adequate compensation. Our client denied liability and contended in response that the plaintiffs owed it significant amounts of money for unpaid granite blocks plaintiff had ordered and for improvements our client made to plaintiff’s equipment while it was on lease, resulting in that equipment meeting operational standards under the Mine Safety and Health Act.

Lisa Taylor appeared before the Superior Court of Elbert County, Georgia for oral argument on the plaintiffs’ request that the court order that our clients return certain equipment due to the alleged irreparable harm suffered by plaintiffs. Ms. Taylor defended our client’s stance against the injunction, arguing that the plaintiffs could not meet the burden to establish any of the four elements necessary to obtain preliminary injunctive relief: 1) that they would suffer irreparable injury if the injunction was not granted; 2) that the threatened injury would outweigh the harm that an injunction may do to our client; 3) that there is substantial likelihood plaintiffs claims would prevail at trial; and 4) that the interlocutory injunction would not disserve the public interest. Ms. Taylor continued to argue that the equitable remedy of an injunction was not appropriate for the parties dispute, which revolved around money.

After hearing from Ms. Taylor and opposing counsel, the court found in favor of our client and denied plaintiffs motion in its entirety, on the grounds that the evidence did not support granting an injunction or restraining order under Georgia law. We are proud to have successfully protected our client’s business rights and remain committed to obtaining a favorable final resolution so our client can continue its operations without interruption.

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