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Town of Palm Valley v. Johnson, Johnson Co.

Supreme Court of Texas
Sep 20, 2001
87 S.W.3d 110 (Tex. 2001)

Summary

holding that applicant seeking a temporary injunction under subsection 65.001 of the general injunction statute was not exempt from traditional requirement of irreparable harm

Summary of this case from Cheniere Energy, Inc. v. Parallax Enters. LLC

Opinion

No. 00-0650.

Opinion Delivered: September 20, 2001.

On Petition for Review from the Court of Appeals for the Thirteenth District of Texas. The 357th Judicial District Court, Cameron County, Rogelio Valdez, J.

Petition denied.

Robert C. Sheline, Gibbon, Gibbon Sheline, Harlingen, for petitioner.

Richard D. Schell, Fleuriet Schell Law Firm, Harlingen, for respondent.


A subdivision in the Town of Palm Valley has a street, Lemon Drive, that ends at the subdivision boundary line, which is also the town's boundary line. The adjacent property, which is in the City of Harlingen, is owned by Paul Johnson. Johnson proposed a subdivision of his property with a street connecting to Lemon Drive. In response, Palm Valley built a fence on Lemon Drive one or two feet short of the property line and declared the end of the street to be a cul-de-sac. Johnson sued Palm Valley and obtained a permanent injunction prohibiting any barricade or closure of Lemon Drive to the town boundary. A divided court of appeals affirmed.

The court of appeals' opinion indicates that an injunction may be granted under section 65.011(1), Tex. Civ. Prac. Rem. Code, without a showing of irreparable harm. That statute provides:

Id. at 286 (citing Hale County v. Davis, 572 S.W.2d 63, 66 (Tex.Civ.App.-Amarillo 1978, writ ref'd n.r.e.).

A writ of injunction may be granted if (1) the applicant is entitled to the relief demanded and all or part of the relief requires the restraint of some act prejudicial to the applicant. . . .

Were the court correct, the statute could be applied in every case to abolish altogether the need to show irreparable harm as a prerequisite to obtaining injunctive relief.

Section 65.011(1) derives, with nonsubstantive changes, from article 2873(1) of the 1879 Revised Statutes of Texas. In 1897, we said in Sumner v. Crawford, in dicta, that the statute (then article 2989 of the 1895 Revised Statutes of Texas) permitted injunctive relief absent the showing required in equity that no adequate legal remedy existed. Years later, however, in Powers v. Temple Trust Co., we recanted this view of the statute (which had become article 4642 of the 1925 Texas Revised Civil Statutes), reasoning that if injunctive relief could be granted when legal relief was available, the two would simply be alternative remedies at a litigant's option in every case. We concluded:

"Judges of the district and county courts may, either in term time or vacation, grant writs of injunction, returnable to said courts, in the following cases: 1. Where it shall appear that the party applying for such writ is entitled to the relief demanded, and such relief or any part thereof requires the restraint of some act prejudicial to the applicant. . . ."

41 S.W. 994, 996 (Tex. 1897).

78 S.W.2d 951, 953-955 (Tex. Comm'n App. 1935, opinion adopted) (per curiam) (citing Hill v. Brown, 237 S.W. 252, 254 (Tex. Comm'n App. 1922, judgm't adopted)).

We do not think it was the intention of the Legislature in the enactment of the injunction statute . . . to simply provide a choice of remedies for litigants, but that the intention was to provide a remedy to cover those injuries for which there was not clear, full, and adequate relief at law.

Thus, although the statute, now section 65.011(1), does not expressly make the lack of an adequate legal remedy a prerequisite for injunctive relief, this requirement of equity continues.

For the same reasons we explained in Powers, the statute does not permit injunctive relief without the showing of irreparable harm otherwise required by equity. If it did, the statutory remedy would simply replace the equitable one, which requires the additional showing. Given our conclusion that the 1879 Legislature intended no such substitution of injunctive remedies, it follows that the statute did not abolish the requirement of a showing of irreparable injury. We disapprove the statements in the court of appeals' opinion that conflict with this construction of section 65.011(1).

We conclude, however, that any error in the court of appeals' opinion did not result in an error in its judgment that should be corrected. Accordingly, Palm Valley's petition for review is denied.


Summaries of

Town of Palm Valley v. Johnson, Johnson Co.

Supreme Court of Texas
Sep 20, 2001
87 S.W.3d 110 (Tex. 2001)

holding that applicant seeking a temporary injunction under subsection 65.001 of the general injunction statute was not exempt from traditional requirement of irreparable harm

Summary of this case from Cheniere Energy, Inc. v. Parallax Enters. LLC

holding that applicant seeking a temporary injunction under subsection 65.001 of the general injunction statute was not exempt from traditional requirement of irreparable harm

Summary of this case from Cheniere Energy, Inc. v. Parallax Enters. LLC

holding that applicant seeking a temporary injunction under subsection 65.001 of the general injunction statute was not exempt from traditional requirement of irreparable harm

Summary of this case from Cheniere Energy, Inc. v. Parallax Enters. LLC

holding that an applicant seeking a temporary injunction under subsection 65.001 of the general injunction statute was not exempt from traditional requirement of irreparable harm

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holding section 65.011 requires a showing of irreparable harm

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explaining that irreparable injury must be shown because injunctive relief is designed to provide remedy for injuries for which there is not "clear, full, and adequate relief at law"

Summary of this case from Tex. Tel. Ass'n v. Pub. Util. Comm'n of Tex.

acknowledging statutes may abolish the common law requirement of irreparable injury

Summary of this case from Berry v. Berry

applying irreparable harm element to application under Section 65.011

Summary of this case from Cheniere Energy, Inc. v. Parallax Enters. LLC

applying irreparable harm element to application under Section 65.011

Summary of this case from Cheniere Energy, Inc. v. Parallax Enters. LLC

applying irreparable-harm element to application under Section 65.011

Summary of this case from Cheniere Energy, Inc. v. Parallax Enters. LLC

applying irreparable-harm element to application under Section 65.011

Summary of this case from Cheniere Energy, Inc. v. Parallax Enters. LLC

applying irreparable harm element to application under Section 65.011

Summary of this case from Cheniere Energy, Inc. v. Parallax Enters. LLC

describing "irreparable injury" and absence of an "adequate remedy at law" as the traditional requirement for injunctive relief at equity

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In Town of Palm Valley v. Johnson, 87 S.W.3d 110 (Tex.2001) (per curiam), the Supreme Court of Texas considered whether the general statutory provision of the Civil Practice and RemediesCode authorizing injunctive relief abrogated the common law's irreparable injury requirement.

Summary of this case from Sonwalkar v. St. Luke's Sugar Land P'ship

In Town of Palm Valley v. Johnson, 87 S.W.3d 110 (Tex. 2001) (per curiam), the Supreme Court of Texas considered whether the general statutory provision of the Civil Practice and Remedies Code authorizing injunctive relief abrogated the common law's irreparable injury requirement.

Summary of this case from Sonwalkar v. St. Luke's Sugar Land P'ship, L.L.P.

In Johnson, the court of appeals held that an injunction may be granted under section 65.011(1) of the Civil Practice and Remedies Code without demonstrating irreparable injury.

Summary of this case from City of Hous. v. Proler

In Johnson, the court of appeals held that an injunction may be granted under section 65.011(1) of the Civil Practice and Remedies Code without demonstrating irreparable injury.

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construing section 65.011

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Case details for

Town of Palm Valley v. Johnson, Johnson Co.

Case Details

Full title:TOWN OF PALM VALLEY, Texas v. Paul JOHNSON and The Johnson Company d/b/a J…

Court:Supreme Court of Texas

Date published: Sep 20, 2001

Citations

87 S.W.3d 110 (Tex. 2001)

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