Metropolitan Dade County v. O'Brien

• Court: Florida District Court of Appeals
• Writing for the Court: PER CURIAM
• Citation: Metropolitan Dade County v. O'Brien, 660 So.2d 364 (Fla. App. 1995)
• Decision Date: 13 September 1995
• Docket Number: 95-1952,Nos. 95-1477,s. 95-1477
• Parties: 20 Fla. L. Weekly D2085 METROPOLITAN DADE COUNTY, Appellant, v. James K. O'BRIEN, and Ronda O'Brien, his wife, Appellees.

Page 364

660 So.2d 364

20 Fla. L. Weekly D2085

METROPOLITAN DADE COUNTY, Appellant, v. James K. O'BRIEN, and Ronda O'Brien, his wife, Appellees.

Nos. 95-1477, 95-1952.

District Court of Appeal of Florida Third District.

Sept. 13, 1995.

Robert A. Ginsburg, County Attorney, and Thomas H. Robertson, Assistant County Attorney, for appellant.

Aubrey Rudd, Miami, for appellees.

Before HUBBART, JORGENSON, and GERSTEN, JJ.

PER CURIAM.

Appellant, Metropolitan Dade County (County), appeals the trial court's denial of a temporary injunction against appellees, James and Ronda O'Brien (the O'Briens). We reverse and remand with directions.

The O'Briens established a business without complying with various county ordinances or securing necessary permits. The County sued the O'Briens, requesting a preliminary injunction. Although the trial court found the O'Briens were violating several ordinances, it denied the County's request and gave the O'Briens time to secure a variance. The trial court allowed the County to again seek a temporary injunction in ninety days. It did.

Because the O'Briens failed to secure a variance, the trial court again declined to issue an injunction. The trial court stated it would entertain the County's motion, for the third time, in sixty days. The County appeals both denials of a temporary injunction.

Where the government seeks an injunction in order to enforce its police power, any alternative legal remedy is ignored and irreparable harm is presumed. Rich v. Ryals, 212 So.2d 641 (Fla.1968); Florida Dep't of Envtl. Regulation v. Kaszyk, 590 So.2d 1010 (Fla. 3d DCA 1991); Harvey v. Wittenberg, 384 So.2d 940 (Fla. 3d DCA 1980).

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