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Agenda - Council - 11/24/2009
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Agenda - Council - 11/24/2009
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3/18/2025 4:23:28 PM
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11/19/2009 3:42:52 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
11/24/2009
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district court properly found that the temporary injunctionpromoted the public policy <br />expressed in statute. <br />5. Administrative burdens <br />The fifth Dahlberg factor considers "the administrative burdensinvolved in judicial <br />supervision and enforcement of the temporary decree." Upper Midwest Sales Co. , 577 <br />N.W.2d at 241. In this case, thedistrict court stated that there is no administrative burden <br />on issuance of thetemporary injunction. The city argues that, since this factor is <br />"essentiallyneutral," it should not count against the city. However, a finding of <br />noadministrative burden upon issuance of a temporary injunction favors theissuance of the <br />temporary injunction. <br />In sum, the district court adequately addressed each of the five Dahlberg factors. The <br />district court did not err in finding thateach factor favored respondents. Accordingly, the <br />issuance of the temporaryinjunction was not an abuse of discretion. <br />Affirmed. <br />[ *] Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to <br />Minn. Const. art. VI, § 10. <br />
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