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STATE OF NORTH CAROLINA

COUNTY O^gB&oW

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C.b.

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

n

cvs jU/)f3

STATE OF NORTH CAROLINA

On Relation of

CITY OF GREENSBORO Plaintiff,

TEMPORARY RESTRAINING ORDER

AND NOTICE OF APPLICATION FOR

PRELIMINARY INJUNCTION

KHAN AND KHAN, INC.

a North Carolina Corporation

Defendant.

UPON application ofthe Plaintiff for

a Temporary Restraining Order pursuant to North

Carolina General Statute §§19-2.3 and 1A-l, Rule 65(b) of the North Carolina Rules of Civil

Procedure, this Court has reviewed the Verified Complaint and Affidavits hereinbefore filed in

this action;

AND, having heard the evidence presented for the Plaintiff, the Court finds that based on evidence presented ex parte, there is probable cause to believe a nuisance as defined in North

Carolina General Statute §19-1 e/ seq., has been maintained upon the property described in the

complaint, 135 Summit Avenue, Greensboro, Guilford County, North Carolina, together with

and including all buildings and improvements thereon (hereinafter the "Property"). The Property

is further described in the Deed duly recorded in Book 3508, Page 1592, in the Office ofthe

Guilford County Register of Deeds;

AND, it clearly appearing to the Court from those specific facts shown:

  • (A) That immediate and irreparable injury, loss, or damage will result to the applicant before notice can be served and a hearing had thereon, in that the public health, safety, and morals ofthe community will continue to be irreparably disturbed by the ongoing acts of prostitution that occur on the Property, thereby making said place a danger to the safety and physical health ofthe patrons ofthe Property andthe community at large.

  • (B) That immediate and irreparable injury, loss, or damage will result to the applicant before notice can be served and a hearing had thereon, in that the public safety and public morals ofthe community will continue to be irreparably disturbed by the ongoing breaches of the peace that occur on the Property, creating an environment where persons engage in violent acts and where persons engaged in

illegal drug transactions pose a substantial risk of violent acts.

  • (C) That unless such nuisance is abated these individuals and other members ofthe public will be subjected to the intolerable, immoral, and dangerous conditions existing upon the Property.

  • (D) That the Plaintiff should not be required to submit to the nuisance maintained on the Defendant's Property.

  • (E) That the Defendant has no legal right to continue the nuisance maintained on the Property.

  • (F) That the nuisance related activities conducted upon the Property pose an imminent risk to public morals, health, safety, and welfare, and are of such continuous and frequent recurrence, that no reasonable redress can be had ina court of law and, therefore, requires emergency action.

  • (G) That if notice is given before issuance of this Order, removal of personal property and contents ofthe place where the nuisance is alleged to exist will defeat the right ofthe Plaintiff and the local government to the personal property as provided in North Carolina General Statute §19-6; and that the public safety and

health will continue to be exposed to immediate and irreparable harm pending

hearing.

WHEREFORE, itis hereby ordered, adjudged and decreed:

  • 1. The Defendant corporation, its officers, agents, servants, employees, attorneys,

and any other persons in active concert or participation with the Defendant corporation in the

operation or continuation of the alleged nuisance, and who receive actual notice many manner of

this Order, shall preserve the status quo upon the Property, in that each such person is hereby

prohibited and restrained from:

  • (A) Allowing the nuisance complained ofto continue upon the Property.

  • (B) Engaging in any act upon the Property which violates the laws of the state or local government.

  • (C) Allowing any other person to engage in any act upon the Property which violates the laws of the state or local government.

  • 2. All other persons who receive actual notice in any manner ofthis Order, are

hereby prohibited and restrained from engaging in any act upon the Property which violates the

laws of the state or local government.

  • 3. The Defendant owner of the Property described herein, is hereby prohibited and

restrained from giving, granting, selling, conveying, or otherwise disposing or transferring

ownership ofthe Property, and all persons who receive actual notice in any manner of this order

are hereby prohibited and restrained from purchasing or otherwise receiving ownership ofsaid

Property.

  • 4. That the officer serving this Order, forthwith enter the Property and make and

return into the Court, an inventory of the personal property and contents situated in and used in

conducting or maintaining such alleged nuisance.

  • 5. That the Defendant corporation, its managers, employees, or designees, shall:

    • (A) Assist the officer serving this Order in identifying rooms not rented to private individuals.

    • (B) Allow access to such non-rented rooms for the purpose of conducting an inventory pursuant to this Order.

    • (C) Identify for the purpose of inventory pursuant to this Order, all personal property and contents belonging to the Defendant corporation that is

situated in rented rooms.

  • (D) Give notice to any person lawfully occupying any room upon the Property that an inventory of the Defendant corporation's property will be conducted pursuant to this Order and after reasonable notification to such occupant provide the officer serving this Order access to the room.

  • 6. The Defendant corporation, its officers, agents, servants, employees, attorneys,

and any other persons in active concert or participation with the Defendant corporation in the

operation or continuation of the alleged nuisance and who receive actual notice in any manner of

this Order, and all other persons who receive actual notice in any manner ofthis Order, are

restrained from removing or in any manner interfering with any evidence, personal property, or

contents ofthe Property until the decision ofthe Court granting or refusing a preliminary

injunction, and until further order of the Court.

  • 7. That this Order and Notice of the

time and place

of the hearing of the application

for a preliminary injunction, along with a copy of the Complaint, shall be served upon the

Defendant corporation by handing the documents to or leaving copies with any person in charge ofthe Property or residing therein, or by posting a copy thereof in a conspicuous place at or upon one or more ofthe principal doors or entrances to such place, or by service under Rule 4 of the

North Carolina Rules of Civil Procedure.

  • 8. Any violation ofthis Order is a contempt of court, and where the Order is

posted, mutilation or removal thereof while the same remains in force is contempt of court.

  • 9. This Order shall expire within ten (10) days of its entry or at such time as the

application for preliminary injunction is heard or the Order is extended pursuant to Rule 65.

  • 10. Ahearing for preliminary injunction shall be had on the / &

day of

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, 2011, at

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A.M., or as soon thereafter as it may be heard

by the Court, in the Superior Court of Guilford County, Guilford County Courthouse,

Greensboro, North Carolina. Said hearing shall be conducted by affidavits unless otherwise

permitted by the Court.

ENTEREDthis^£^ay of

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201! at //*%£) a.m./p.m.

Superior Court JudgePresidin