Section 7.20 Injunctions

• Library: Local Government Deskbook (2017 Ed.)

C. (§7.20) Injunctions

Unless there is specific statutory authorization for the issuance of an injunction, as is the case with respect to zoning violations, § 89.120, RSMo 2016, the local government desiring an injunction must contend with the traditional equitable doctrines that equity does not enjoin a crime and that an injunction issues only when the legal remedy is inadequate. Even if an ordinance authorizes local officials to seek an injunction, the court is not required to issue one. There is Missouri case authority both upholding, H.B. Deal & Co. v. Kuhlmann, 244 S.W.2d 390 (Mo. App. E.D. 1951), and denying, Kansas City Gunning Adver. Co. v. Kansas City, 144 S.W. 1099 (Mo. banc 1912), the issuance of an injunction against a building code violation. In Kansas City Gunning Advertising, the Court reasoned that the imposition of a fine was an adequate remedy.

The mere pleading of a nuisance is not sufficient for injunctive relief. City of Greenwood v. Martin Marietta Materials, Inc., 311 S.W.3d 258 (Mo. App. W.D. 2010).

City of Independence v. DeWitt, 550 S.W.2d 840 (Mo. App. W.D...