Motion for Preliminary Injunction in Kansas

What Is a Motion for Preliminary Injunction?

Understanding the Purpose and Significance of a Motion for Preliminary Injunction

“An injunction is an equitable remedy and its grant or denial in each case is governed by principles of equity.” (See Wichita Wire, Inc. v. Lenox (1986) 11 Kan. App. 2d 459, 461; U.S.D. No. 503 v. McKinney (1984) 236 Kan. 224, Syl. ¶ 1, 689 P.2d 860.)

“The purpose of a temporary or preliminary injunction is not to determine any controverted right, but to prevent injury to a claimed right pending a final determination of the controversy on its merits.” (Garetson Bros. v. Am. Warrior, Inc. (2015) 347 P.3d 687, 699.)

“The grant of a temporary injunction would not be proper if it would appear to accomplish the whole object of the suit without bringing the cause or claim to trial.” (See id.)

“A temporary injunction merely preserves the status quo until a final determination of a controversy can be made.” (See id.)

Burden of Proof and Test for Preliminary Injunctive Relief

“At the trial level, the burden of proof in an injunction action is upon the movant.” (See Wichita Wire, Inc. v. Lenox (1986) 11 Kan. App. 2d 459, 462.)

“In defining this burden, it has been generally held that the movant must establish a prima facie case showing a reasonable probability that he will ultimately be entitled to the relief sought.” (See id.)

“The movant has the additional burden of showing a right to the specific injunctive relief sought because irreparable injury will result if the injunction is not granted.” (See id.)

“There must be a probable right and a probable danger.” (See id; Crowther v. Seaborg (1969) 415 F.2d 437, 439.)

“This test has often been expanded into…prerequisites which the moving party seeking a temporary or preliminary injunction must establish.” (See id.)

“In Kansas, a party seeking a temporary injunction must show:

a substantial likelihood of eventually prevailing on the merits;
a reasonable probability that the plaintiff will suffer irreparable injury without an injunction;
lack of an adequate legal remedy, such as damages;
the threat of injury to the plaintiff outweighs whatever harm the injunction may cause the opposing party; and
the injunction will not be against the public interest.”

(See Tr. Women Found. Inc. v. Bennett (2022) 509 P.3d 599.)

Procedural Steps Involved in Filing a Motion for Preliminary Injunction

Injunctions are governed under Article 9, subsections 60-901 – 60-910 of the Kansas statutes.

An “injunction is an order to do or refrain from doing a particular act. It may be the final judgment in an action, and it may also be allowed as a provisional remedy.” (See Kan. Stat. § 60-901.)

“When it appears by a verified pleading or affidavit that a party is entitled to the relief demanded, and such relief or any part thereof consists in restraining the commission or continuance of some act, the commission or continuance of which during the litigation would produce injury to a party; or when during the litigation it appears that a party is doing or threatens or is about to do, or is procuring or suffering to be done, some act in violation of a party's rights respecting the subject of the action, or tending to render the judgment ineffectual, an order may be granted to restrain such act.” (See Kan. Stat. § 60-902.)

“Except as provided in subsection (b) of K.S.A. 60-904, and amendments thereto, the court may issue a temporary restraining order without notice or bond to the adverse party or its attorney only if:

Specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss or damage will result to the movant before the adverse party can be heard in opposition;
the movant's attorney certifies in writing any efforts made to give notice and the reasons why it should not be required; and
notice of the issuance of a temporary restraining order is provided to the attorney general of the state of Kansas if the adverse party is the state of Kansas or an agency, officer or employee thereof, or to the appropriate city clerk or county clerk if the adverse party is a city or county or an agency, officer or employee thereof.”

(See Kan. Stat. § 60-903(a).)

“Every temporary restraining order issued without notice must state the date and hour it was issued, describe the injury and state why it is irreparable, state why the order was issued without notice and be promptly filed in the clerk's office and entered in the record.” (See Kan. Stat. § 60-903(b).)

“The order expires at the time after entry, not to exceed 14 days, that the court sets, unless before that time the court, for good cause, extends it for a like period or the adverse party consents to a longer extension. The reasons for an extension must be entered in the record.” (See id.)

“On two days' notice to the party who obtained the temporary restraining order without notice, or on shorter notice set by the court, the adverse party may appear and move to dissolve or modify the order. The court must then hear and decide the motion as promptly as justice requires.” (See Kan. Stat. § 60-903(e).)

Discretion of the Court in Deciding a Motion for Preliminary Injunction

“An appellate court reviews the granting of an injunction for an abuse of discretion.” (See Cent. Kan. Conservancy, Inc. v. Sides (2019) 443 P.3d 337, 357; Downtown Bar and Grill v. State (2012) 294 Kan. 188, 191, 273 P.3d 709.)

“A trial court abuses its discretion when the trial court commits an error of law or an error of fact or no reasonable person would agree with the trial court's decision.” (See Cent. Kan. Conservancy, Inc. v. Sides (2019) 443 P.3d 337, 357; Wiles v. American Family Life Assurance Co. (2015) 302 Kan. 66, 74, 350 P.3d 1071.)

“When considering the trial court's factual findings, an appellate court must determine whether the factual findings were supported by substantial competent evidence that could support its legal conclusions.” (See Cent. Kan. Conservancy, Inc. v. Sides (2019) 443 P.3d 337, 357; Brown v. ConocoPhillips Pipeline Co. (2012) 47 Kan. App. 2d 26, 36, 271 P.3d 1269.)

“The party challenging the granting of an injunction has the burden to establish that the trial court abused its discretion.” (See Cent. Kan. Conservancy, Inc. v. Sides (2019) 443 P.3d 337, 357; Steffes v. City of Lawrence (2007) 284 Kan. 380, 393, 160 P.3d 843.)

Legal Precedents and Case Law on a Motion for Preliminary Injunction

It is well settled that “disobedience of any restraining order or injunction may, in addition to other appropriate remedies, or damages, be punished as a contempt." (See K.S.A. 60-909; Uarco, Inc. v. Osborne (1978) 224 Kan. 163, 166.)

As such, it is also well settled that “in the context of a violation of a restraining order or injunction, the court's authority to punish for contempt encompasses attorney fees.” (See State v. Jenkins (1997) 263 Kan. 351, 368.)