IN THE COURT OF COMMON PLEAS OF (COUNTY) COUNTY, PENNSYLVANIA

(COUNTY) COUNTY HEALTH DEPARTMENT: GD-(DOCKET NO.)

Plaintiff:

v. :

:

(DEFENDANT):

Defendant:

MOTION FOR PRELIMINARY INJUNCTION

AND NOW comes Plaintiff, the (County) County Health Department, by and through its attorney, (Solicitor Name), Esquire, and files the following Motion for Preliminary Injunction, averring as follows:

  1. (Property) is under the ownership and/or control of Defendant based upon tax records of the municipality; and
  2. The (County) County Health Department is a local health department as defined by The Local Health Administration Law. 16 P.S. 12001 et seq.; and
  3. The Local Health Administration Law empowers the (County) County Health Department to formulate regulations that assist in controlling and preventing disease in (County) County. 16 P.S. §§ 12001-12028 and 35 P.S. §§ 521.1-625 (“DPCL”); and
  4. The (County) County Health Department has the statutory authority to use appropriate control measures to prevent diseases that threaten the public’s health. 16 P.S. §20010(c); and
  5. A Preliminary Injunction will issue when: (1) the injunction is necessary to prevent immediate and irreparable harm not compensable in damages; (2) greater harm would result from denying the injunction than from granting it; (3) the activity sought to be restrained is actionable, and the Plaintiff's right to relief is clear; and (4) the status quo be restored if the injunction is granted. The Woods At Wayne Homeowners Assn. v. Gambone Bros. Construction Co., Inc., 893 A.2d 196, 204. (2006); and
  6. Ordering the temporary closure of a venue, such as (Property), to control and prevent disease is an appropriate measure to prevent disease transmission; and
  7. The (County) County Health Department has determined in an inspection (Attached hereto as “Exhibit A.”), that (a) violation(s) of the (County) County Health Department’s Rules and Regulations present at (Property) present(s) a significant threat to the public’s health; and
  8. On (Order Date), the (County) County Health Department ordered Respondent to temporarily close (Property) as a method of safeguarding the public’s health; and
  9. (Defendant) has refused to comply with the (County) County Health Department Order and has offered no valid reason for such refusal; and
  10. There are no less restrictive means of protecting the public’s health other than by closing (Property) until such time as the aforementioned health regulation violations have been abated to the (County) County Health Department’s satisfaction.

WHEREFORE, the (County) County Health Department respectfully requests that this Honorable Court issue a Preliminary Injunction, ordering (Defendant) to close (Property) until such time that the aforementioned conditions threatening the public’s health are abated to the satisfaction of the (County) County Health Department.

Respectfully submitted,

______

(Solicitor’s Name), Esquire

EXHIBIT A

(County) County Health Department Inspection Report