Vandenbroeck v. Redding Zoning Commission, No. 30 84 44 (Jul. 8, 1992)
Opinion of the Court
"The issuance of an injunction lies in the sound discretion of the trial court exercised according to recognized principles of equity." Schomer v. Shilepsky,
Based upon the evidence presented at the hearing, this court is unable to find that the plaintiffs have established such harm. While there was testimony that the plaintiffs have recently suffered a diminution in their water supply, there was insufficient proof to show that this has been caused by any act of the defendant at the subject property. "We have long recognized that no court of equity should ever grant an injunction merely because of the fears or apprehensions of the party applying for it, for those fears may exist without any substantial reason." Moore v. Serafin,
Accordingly, the motion for a restraining order and temporary injunction is denied.
Rodriguez, J.
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