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BART SULLIVAN & RYAN MOHR SUCCESSFULLY OBTAINED A TRO AND PRELIMINARY INJUNCTION

Fox Smith partners Bart Sullivan and Ryan Mohr successfully obtained a temporary restraining order and preliminary injunction from the Circuit Court of Marion County, Illinois, relating to a multi-million dollar development planned by three defendants to encroach within our client’s pipeline right-of-way. The encroachment would have seen the construction of multiple structures near and, in some instances, over the top of our client’s pipeline, raising various safety and hazard concerns as well as jeopardizing our client’s use of the pipeline. Defendants alleged that, in their sole discretion, they had the right to dictate the width of our client’s recorded easement. The Court disagreed, aligning with Mr. Sullivan’s and Mr. Mohr’s position in finding the defendants acted “in unilateral disregard for plaintiff’s easement.” Typically, a plaintiff seeking a preliminary injunction, if successful, is directed to post a security bond as a safeguard for the enjoined party should the plaintiff be unsuccessful at the permanent injunction hearing. Mr. Sullivan and Mr. Mohr were successful in convincing the Court not to impose any bond, saving our client considerable expense. After several months of litigation, including significant written discovery and nine depositions with several more planned, the defendants’ position eroded and the parties were able to reach a settlement that protected our client’s pipeline interests.