43.1302 Issuance of permanent injunction.

Cite as [A.S.C.A. § 43.1302]

A permanent injunction may be issued by a court having subject matter jurisdiction of the case and personal jurisdiction of the opposing party only after a full and final trial on the merits of the applicant’s claim and determination that a judgment for money damages will inadequately remedy the complained of wrong.

History: 1981, PL 17-6.

Case Notes:

The High Court possesses the statutory authority to issue an injunction if it deems money damages to be an inadequate remedy; as such, it may order a special shareholders' meeting if a board of directors, though lacking any discretion in the matter, fails to call a meeting. A.S.C.A. § 43.1302. Lutali v. Foster, 24 A.S.R.2d 39 (1993).

Actual physical interference with the use and enjoyment of another's land constitutes the most common type of nuisance and is subject to the issuance of a permanent injunction. A.S.C.A. § 43.1302. Thompson v. Toluao, 24 A.S.R.2d 127 (1993).

As an equitable remedy, the most distinguishing prerequisite of permanent injunctive relief is the inadequacy of a remedy at law, usually money damages. A.S.C.A. § 43.1302. Thompson v. Toluao, 24 A.S.R.2d 127 (1993).