Lancor v. Lebanon Housing Authority, No. 84-1543
| Court | United States Courts of Appeals. United States Court of Appeals (1st Circuit) |
| Writing for the Court | Before CAMPBELL |
| Citation | 760 F.2d 361 |
| Parties | Judy LANCOR et al., Plaintiffs, Appellants, v. LEBANON HOUSING AUTHORITY et al., Defendants, Appellees. . Heard |
| Docket Number | No. 84-1543 |
| Decision Date | 04 October 1984 |
Page 361
v.
LEBANON HOUSING AUTHORITY et al., Defendants, Appellees.
First Circuit.
Decided April 17, 1985.
Page 362
Shelly A. Simpson, Clarement, N.H. (Michael A. Fuerst, Claremont, N.H., on brief), for plaintiffs, appellants.
Patrick T. Hayes, Lebanon, N.H., for defendants, appellees.
Before CAMPBELL, Chief Judge, ALDRICH and TIMBERS * Senior Circuit Judges.
On December 14, 1984, this Court vacated an order entered in the District of New Hampshire on June 13, 1984 denying appellants' motion for a preliminary injunction. Pursuant to this Court's December 14 order, the parties have submitted a stipulation of facts upon which they were able to agree. The parties also have submitted, as the order indicated they might, additional offers of proof and supplemental briefs in support of their respective positions. Based on the foregoing and for the reasons stated below, we hold that appellants (hereinafter "appellant" since Judy Lancor is the only appellant before us) are entitled to a preliminary injunction.
The standard in this Circuit for injunctive relief requires appellant to demonstrate: (1) irreparable injury if the injunction is not granted; (2) that such injury outweighs any harm which granting injunctive relief would inflict on appellee; (3) a likelihood of success on the merits; and (4) that the public interest will not be adversely affected by the granting of the injunction. Auburn News Co., Inc. v. Providence Journal Co., 659 F.2d 273, 277 (1st Cir.1981). Of these four factors, the probability-of-success component in the past has been regarded by us as critical in determining the propriety of injunctive relief. See, e.g., Planned Parenthood League v. Bellotti, 641 F.2d 1006, 1009-22 (1st Cir.1981).
The underlying dispute in the instant case relates to appellant's admitted violation of paragraph 6c in appellee's lease which in relevant part provides that "[p]ermission from management in writing shall be required in the case of overnight guests...." Appellant claims that this provision violates her rights under the federal housing law as well as the First and Fourteenth Amendments to the United States Constitution. Appellee claims that the provision is necessary for it to fulfill its mandate to provide safe, decent housing and to keep track of occupancy and eligibility in public housing.
Page 363
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...omitted) (internal quotation marks omitted), cert. denied, ___ U.S. ___, 117 S.Ct. 683, 136 L.Ed.2d 608; Lancor v. Lebanon Housing Auth., 760 F.2d 361, 363 (1st Cir.1985) (holding that the plaintiff's strong showing on the balance of harms compensates for a weaker showing on the plaintiff's......
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Reardon v. US, Civ. A. No. 89-2278-C.
...and (4) that the public interest would not be adversely affected by the granting of the injunction. Lancor v. Lebanon Housing Authority, 760 F.2d 361, 362 (1st Cir.1985). See also Auburn News Co., Inc. v. Providence Journal Co., 659 F.2d 273, 277 (1st Cir. 1981), cert. denied, 455 U.S. 921,......
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Associated Builders and Contractors of Massachusetts/Rhode Island, Inc. v. Massachusetts Water Resources Authority, No. 90-1392
...will not be adversely affected. Planned Parenthood v. Bellotti, 641 F.2d 1006, 1009 (1st Cir.1981); Lancer v. Lebanon Housing Authority, 760 F.2d 361, 362 (1st Cir.1985). The balancing of interests shifts in plaintiffs' favor when a strong likelihood of success on the merits is shown. SEC v......
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Watson v. Federal Emergency Management Agency, Civil Action No. H-06-1709.
...of homelessness"). The Court concludes such harm outweighs any prospective harm that FEMA may suffer. See Lancor v. Lebanon Hous. Auth., 760 F.2d 361, 363 (1st Cir.1985) (finding appellant demonstrated a substantial likelihood of success on the merits and the necessary harm for an injunctio......
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Laidlaw, Inc. v. Student Transp. of America, Inc., No. CIV. 98-2241(WGB).
...omitted) (internal quotation marks omitted), cert. denied, ___ U.S. ___, 117 S.Ct. 683, 136 L.Ed.2d 608; Lancor v. Lebanon Housing Auth., 760 F.2d 361, 363 (1st Cir.1985) (holding that the plaintiff's strong showing on the balance of harms compensates for a weaker showing on the plaintiff's......
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Reardon v. US, Civ. A. No. 89-2278-C.
...and (4) that the public interest would not be adversely affected by the granting of the injunction. Lancor v. Lebanon Housing Authority, 760 F.2d 361, 362 (1st Cir.1985). See also Auburn News Co., Inc. v. Providence Journal Co., 659 F.2d 273, 277 (1st Cir. 1981), cert. denied, 455 U.S. 921,......
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Associated Builders and Contractors of Massachusetts/Rhode Island, Inc. v. Massachusetts Water Resources Authority, No. 90-1392
...will not be adversely affected. Planned Parenthood v. Bellotti, 641 F.2d 1006, 1009 (1st Cir.1981); Lancer v. Lebanon Housing Authority, 760 F.2d 361, 362 (1st Cir.1985). The balancing of interests shifts in plaintiffs' favor when a strong likelihood of success on the merits is shown. SEC v......
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Watson v. Federal Emergency Management Agency, Civil Action No. H-06-1709.
...of homelessness"). The Court concludes such harm outweighs any prospective harm that FEMA may suffer. See Lancor v. Lebanon Hous. Auth., 760 F.2d 361, 363 (1st Cir.1985) (finding appellant demonstrated a substantial likelihood of success on the merits and the necessary harm for an injunctio......