A. [§ 7.2] Temporary Restraining Orders, Preliminary Injunctions, and Permanent Injunctions Compared and Contrasted

• Jurisdiction: Maryland

A. [§ 7.2] Temporary Restraining Orders, Preliminary Injunctions, and Permanent Injunctions Compared and Contrasted

An injunction is an order mandating or requiring the doing of a specified act or prohibiting or restraining the doing of a specified act. See Md. Rule 15-501(a). It usually is considered an "extraordinary remedy,'' the grant or denial of which lies within the sound discretion of the trial court. B & P Enters. v. Overland Equip. Co., 133 Md. App. 583, 758 A.2d 1026 (2000); Leaders of a Beautiful Struggle v. Baltimore Police Dep't, 2 F.4th 330, 339 (4th Cir. 2021). Three types of injunctions are recognized in Maryland:

1) A temporary restraining order, which is an injunction granted by the court without the opportunity for an adversarial hearing, Md. Rule 15-501(c);
2) A preliminary injunction, which is an injunction granted by the court after an opportunity for a full adversarial hearing, but before a final determination of the merits of the case, Md. Rule 15-501(b); and
3) A permanent injunction, which is final in its nature, and is granted by the court after determination of the case on the merits.

See Motor Vehicle Admin. v. Baptist, 185 Md. App. 56, 81, 968 A.2d 638, 654 (2009) (discussing process required prior to issuance of a permanent injunction); Maloof v. Dep't of the Env't, 136 Md. App. 682, 767 A.2d 372 (2001) (discussing differences between preliminary and permanent injunctions and factors to consider in deciding whether to issue injunctive relief); Colandrea v. Wilde Lake Cmty. Ass'n, 361 Md. 371, 395, 761 A.2d 899, 911 (2000) (defining permanent injunction).

"A temporary restraining order is issued to maintain the status quo, pending the decision as to a justiciable controversy . . . or in the face of a clear and present danger." Harford Cty. Educ. Ass'n v. Bd. of Educ., 281 Md. 574, 380 A.2d 1041 (1977) (citation omitted); Antwerpen Dodge v. Herb Gordon Auto World, 117 Md. App. 290, 699 A.2d 1209 (1997); Md. Comm'n on Human Relations v. Downey Commc'ns, Inc., 110 Md. App. 493, 678 A.2d 55 (1996); see also Chesapeake Outdoor Enters., Inc. v. Mayor & City Council of Baltimore, 89 Md. App. 54, 597 A.2d 503 (1991).

The purpose of a preliminary injunction is to maintain the status quo until the court either addresses or resolves the merits of the controversy, either in granting a permanent injunction or in determining that the claimant has no legal right to proceed. Eastside Vend Distribs. v. Pepsi Bottling Group, Inc., 396 Md....