Agenda - Council - 04/08/2008 - Laserfiche WebLink

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1. Look, dated March 6, 2008 (hereafter"Look Aff.") ~ 11; DeBruyn Aff., ~~ 12-14. In other words, even if Ramsey residents are given an admissions preference, Look's son may still be denied admission to PACT because there are not enough openings available to admit all Ramsey residents. b. Even if the Lottery Had Already Occurred, Irreparable Harm is Lacking Look has failed to show an irreparable injury because whatever injury may occur is purely speculative; consequently, he has failed to provide "sufficient grounds" for relief under Rule 65.02. Moreover, other public schools are available to Look, meaning any harm caused if his son is denied admission is not irreparable. His son may still attend a public school, pursue the declaratory judgment, and, if successful, gain admission to PACT at a later date. Because no immediate harm is imminent, . and the usual legal process provides an adequate remedy, Look fails to establish the prerequisites for injunctive relief: 'The key word in this consideration is irreparable. Mere iniuries. however substantial. in terms of money. time and energy necessarily expended in the absence of a stay.. are not enough. The possibility that adequate compensatory or other corrective relief will be available at a later date, in the ordinary course of litigation, weighs heavily against a claim of irreparable harm.' Sampson v. Murray, 415 U.S. 61,90 (1974) (citations omitted) (emphasis added). Accordingly, he cannot be granted the "extraordinary" remedy of a temporary injunction. Miller, 317 N. W.2d at 712. Look's only complaint is about a supposedly ''unfair decrease in chances Ramsey residents have experienced in the past." PI. Br. at 4. But the mere possibility that an applicant might face a decreased chance of getting something to which he or she is not entitled in the first place does not come close to establishing that his or her rights will be irreparably harmed absent 16 -143-