How can I stop the town commission from cutting down shade trees in my yard?
Full Question:
Answer:
An injunction is an order of a court requiring a person, corporation, or government entity to stop doing something and refrain from doing that thing in the future. Injunctions are typically issued, only "when the remedy at law is inadequate". For example, a neighbor may threaten to cut down 100 year-old trees that he claims are causing damage to his property. While the dispute is pending, the court may issue an injunction preventing the neighbor from cutting down the trees until the matter is heard and a resolution is reached. Otherwise there could be irreparable harm to the land, money damages could not replace the trees, and the damages you would be entitled to could be speculative.
To have a court grant injuctive relief, a plaintiff must demonstrate either (1) a combination of probable success on the merits and the possibility of irreparable injury if relief is not granted, or (2) the existence of serious questions going to the merits and that the balance of hardships tips sharply in its favor.
