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America's Best Granted Temporary Restraining Order

America's Best Granted Temporary Restraining Order

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Published by arodmat
Just after 4 p.m. today, Judge Helen Shores Lee granted the owners of America’s Best Value Inn & Suites a temporary restraining order that will allow the hotel to continue to operate until arguments are presented at a trial set for Monday, June 9.
Just after 4 p.m. today, Judge Helen Shores Lee granted the owners of America’s Best Value Inn & Suites a temporary restraining order that will allow the hotel to continue to operate until arguments are presented at a trial set for Monday, June 9.

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Published by: arodmat on Mar 28, 2014
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03/29/2014

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ELECTRONICALLY FILED 3/28/2014 4:05 PM 01-CV-2014-901262.

00 CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA ANNE-MARIE ADAMS, CLERK

IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA BIRMINGHAM DIVISION

ADMA, INC. D/B/A AMERICAS BEST VALUE INN & SUITES, Plaintiff, V. CITY OF HOMEWOOD, ALABAMA, COOK LINDA J, HAWKINS FRED, LIMBAUGH JAMES BRUCE ET AL, Defendants.

) ) ) ) Case No.: ) ) ) ) ) )

CV-2014-901262.00

TEM PORARY RESTRAI NI NG ORDER This matter having come before the Court on Motion for Temporary Restraining Order and Preliminary Injunction, electronically filed on March 21, 2014 and heard by the Court on March 26, 2014 at 9:00 A.M. Petitioner alleges that unless this Court grants an order restraining the Respondents from interfering in Petitioner’s operation of the hotel, said Petitioner’s would incur immediate and irreparable harm and damage. Upon hearing oral argument and witness testimony, and giving due consideration thereto, this Court finds that the Petitioner has shown that it is threatened with imminent irreparable harm in the absence of immediate injunctive relief, that there is a protectable right that the Petitioner has no adequate remedy at law, and that a temporary restraining order is necessary to preserve the status quo. WHEREFORE, it is hereby ORDERED, ADJUDGED and DECREED that the Respondents and all persons or entities acting on their behalf or in concert with the Respondents, are compelled to: 1. Refrain from interfering in the Petitioner’s operation of the business (hotel); 2. Respondents to take such actions as are reasonably necessary to approve and issue a 2014 business license from the City to Petitioner upon payment of the required license fees; 3. That the Petitioner’s business license from the City be given effect as of January 1, 2014; 4. That the Petitioner’s not be charged any penalty or interest in addition to the required license fees. FURTHERMORE, Petitioner shall post a bond in the amount of Two Thousand and

00/100 dollars ($2,000.00) which the Court deems is adequate to cover any damages that may result to Respondents from the issuance of this Temporary Restraining Order. This matter will CONTINUE towards a trial setting. Accordingly, the Court sets down Monday, June 9, 2014 at 9:00A.M. before the undersigned, for a Trial in this matter in Courtroom 650, Jefferson County Courthouse, Birmingham, Alabama . DONE this 28th day of March, 2014. /s/ HELEN SHORES LEE CIRCUIT JUDGE

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