IN THE COURT OF COMMON PLEAS OF (COUNTY) COUNTY, PENNSYLVANIA
(COUNTY) COUNTY HEALTH DEPARTMENT :
Plaintiff
:
v.
:
:
(DEFENDANT)
:
Defendant
:
GD-(DOCKET NO.)
PLAINTIFF’S BRIEF IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION
Background
On (Inspection Date), the (County) County Health Department personnel conducted an
inspection of (Property) located at (Property Address), (County) County, Pennsylvania, and
discovered conditions that constituted violations of (County) County Health Department Rules
and Regulations. (Attached hereto as “Exhibit A.”) On (Notice of Violation Date) the (County)
County Health Department issued a Notice of Violation to (Defendant) (“Defendant”) stating
that (a) condition(s) present at (Property) violated local health regulations and constitute(d) a
significant threat to the public’s health. (Attached hereto as “Exhibit B.”) These violation(s)
include: (Cite violations). (Property) is under the ownership and/or control of Defendant based
upon tax records of the municipality. After receiving the Notice of Violation, Defendant failed to
abate the violation(s) within (the time prescribed). Because the violation(s) constitute(s) a
significant threat to human health, on (Order Date) the (County) County Health Department
ordered Defendant, pursuant to The Local Health Administration Law to temporarily close
(Property). (Attached hereto as “Exhibit C.”) Defendant has not closed (Property), which
continues to pose a significant threat to the public’s health due to persistent health regulation
violations. The (County) County Health Department believes that members of the public who
are exposed to (Property) may develop or be subject to (Health Conditions)(s), which can
result in (Outcome)(s) i.e. death, serious illness, permanent disability).
Statutory Basis for Closure
The Local Health Administration Law empowers the directors of local health
departments to abate public health nuisances. 16 P.S. § 12010(c).
Where the party seeking special relief is an instrumentality of the Commonwealth, such
as a local health department created by Pennsylvania statute, no bond shall be required.
Pa.R.C.P. No. 1531(b).
Common Law Basis for Closure
A Preliminary Injunction will lie where it is appropriate and there is no adequate remedy
at law. 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).
Analysis of Facts
The (County) County Health Department has determined that violations of its health
code, including: (Cite violations), are present at (Property), and has determined that closure of
(Property) is the most appropriate measure to protect the public’s health. There are no less
restrictive measures capable of protecting the public’s health at this time.
A Preliminary Injunction is appropriate in this case because there is no remedy at law that
will prevent harm to the public short of a Court Order directing Defendant to close (Property) to
the public. Furthermore, the four prongs of the Pennsylvania requirements for Preliminary
Injunction are satisfied: Immediate and irreparable harm to the public health will ensue if
(Property) is permitted to remain open prior to health code violation(s) being eradicated; any
pecuniary harm to Defendant from closure of (Property) is not as great as the harm to the public
should (Conditions likely to occur with continued exposure); the (County) County Health
Department has the legal authority to order the closure of (Property); and the status quo can be
achieved by preventing further exposure of the public to the health threats present at (Property).
Conclusion
This Honorable Court should enjoin (Property) from opening to the public in the instant
matter because immediate and irreparable harm is likely to befall the public exposed to
(Property) until such time that the (County) County Health Department has determined that no
further unnecessary risk to the public’s health exists at (Property).
Respectfully submitted,
______________________________
(Solicitor’s Name), Esquire
EXHIBIT A
(County) County Health Department Inspection Report
EXHIBIT B
(County) County Health Department Notice of Violation
EXHIBIT C
Order to Close (Property)