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2-12-12
Section 2-12-12 Injunction. In addition to the penalty provided in this article the Commissioner
of Agriculture and Industries may apply by petition to a circuit court, and such court or
the judge thereof shall have jurisdiction for cause shown, to grant a temporary restraining
order or permanent injunction or both restraining any person from violating or continuing
to violate any of the provisions of this article or from failing or refusing to comply with
the provisions of this article or any rules or regulations duly promulgated under the provisions
of this article. Such a temporary restraining order or permanent injunction shall be issued
without bond. (Acts 1955, 2nd Ex. Sess., No. 46, p. 152, §14.)...
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11-51-154
Section 11-51-154 Bond to dissolve temporary injunctive relief - Execution; security; exception.
(a) When the court has granted a temporary restraining order or preliminary injunction, it
shall not be dissolved until the respondent has executed a bond in an amount fixed by the
court with sufficient surety to be approved by the register or clerk, containing a waiver
of exemptions as to personal property, conditioned to pay such judgment and lawful court costs
as the court upon final hearing may enter against the respondent, except as provided below.
(b) The surety bond required to be made in this section shall remain in full force and effect
as security for any judgment and court costs the court may enter and tax against the respondent,
but if the respondent takes an appeal and gives a supersedeas bond, upon affirmance of the
appeal, the surety bond provided by this section shall become null and void. (c) The respondent
shall not, however, be required to post the surety bond required in...
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2-25-19.1
Section 2-25-19.1 Penalties, temporary restraining orders or injunctions for violations issued
without bond; form of action; approval of Attorney General; assistance of district attorneys
or their deputies. In addition to any other penalties provided hereunder, the commissioner
may apply for, and the circuit court shall grant a temporary restraining order, or temporary,
or permanent injunction or both, restraining any person from violating or from continuing
to violate any provisions of this article or any rules or regulations promulgated under this
article, notwithstanding the existence of other remedies at law. Any such restraining orders
or injunctions shall be issued without bond. Said action shall be brought in the name of the
State of Alabama upon the relation of the Attorney General and with his approval and such
officer shall, upon his request, be assisted by the district attorney or deputy district attorney
of the judicial circuit in which injunctive proceedings are filed....
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5-5A-42
Section 5-5A-42 Adverse claims to deposits. Notice to any bank of an adverse claim to a deposit
standing on its books to the credit of any person shall not be effectual to cause said bank
to recognize said adverse claimant unless said adverse claimant shall also either procure
a restraining order, injunction or other appropriate process against said bank from a court
of competent jurisdiction in a civil action therein instituted by such claimant wherein the
person to whose credit the deposit stands is made a party and served with summons or shall
execute to said bank in form and with sureties acceptable to it, a bond indemnifying said
bank from any and all liability, loss, damage, costs and expenses for and on account of the
payment or recognition of such adverse claim or the dishonor of or failure to pay the check
or failure to comply with other order of the person to whose credit the deposit stands on
the books of said bank; provided, that this section shall not apply in any instance...
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8-19-8
Section 8-19-8 Restraining orders. (a) Whenever the office of the Attorney General or the office
of the district attorney has reason to believe that any person is engaging in, has engaged
in or is about to engage in any act or practice declared to be unlawful by this chapter, the
Attorney General or the district attorney may bring an action in the name of the state against
such person to restrain by temporary restraining order, temporary or permanent injunction
such acts or practices. However, unless the Attorney General or district attorney determines
that a person subject to the provisions of this chapter designs quickly to depart from this
state or to remove his property therefrom, or to conceal himself or his property therein,
or to continue practices unlawful under this chapter, he shall, before initiating any legal
proceedings is contemplated, allow such person a reasonable opportunity to appear before the
Attorney General or district attorney and solve the dispute to the...
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11-67-42
Section 11-67-42 Notice. (a) Whenever in the opinion of the city official or any other city
employee designated by the mayor, a nuisance exists, the official shall order the owner of
the property on which the nuisance is located to abate the condition. (b) The enforcing official
shall give the owner written notice in person or by first class mail. The notice shall require
the owner to abate the condition within the time stated in the notice or to request a hearing
before an administrative official of the city designated by the mayor or council to determine
whether there has been a violation. The notice shall apprise the owner of the facts of the
alleged nuisance and shall name the particular date, time, and place for the hearing if requested
by the owner. (c) The notice shall be sent to that person shown by the records of the county
to have been the last person assessed for payment of ad valorem tax on the property where
the nuisance is situated. It shall be the responsibility of that...
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13A-12-200.7
Section 13A-12-200.7 Civil action to enjoin violations; hearing; procedures; precedence over
other matters. (1) When there is reason to believe that any person is violating or is about
to violate any of the provisions of this division, the Attorney General or district attorney
may initiate a civil action in the circuit court in the name of the State of Alabama against
such person for preliminary and permanent injunctive relief, to prevent or enjoin the violation.
The Alabama Rules of Civil Procedure shall apply to the extent that such rules are not inconsistent
with this section; provided, however, that no temporary restraining order shall be issued
pursuant to this section. No bond shall be required of the official bringing the action and
the official, the political subdivision and the officers, agents, and employees of the political
subdivision shall not be liable for costs or damages, other than court costs, by reason of
injunctive orders not being granted or where judgment is...
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2-15-136
Section 2-15-136 Penalty for violations of provisions of article; injunctive proceedings to
restrain operation by dealer in violation of provisions of article. (a) Any person who shall
engage in business as a dealer as defined in Section 2-15-131 without having a license as
required by subsection (a) of Section 2-15-132 or any person who shall violate any of the
other requirements of this article shall be guilty of a misdemeanor and, upon conviction,
shall be punished as prescribed by law for such offense. (b) In addition to the penalty provided
under subsection (a) of this section, the commissioner may apply by a petition to a circuit
court, and such court or any judge thereof shall have jurisdiction, for cause shown, to grant
a temporary restraining order or permanent injunction or both restraining and enjoining any
person from engaging in the business of a dealer as defined in Section 2-15-131 in violation
of any of the requirements of this article, or engaging in or continuing to...
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2-26-6
Section 2-26-6 Injunctive proceedings to restrain persons selling, processing, cleaning, etc.,
seed without permit. Any person required to secure a permit as provided under Section 2-26-5
who fails or refuses to apply for and obtain such a permit and pay the fee therefor may be
restrained from engaging in the sale of agricultural, vegetable, flower, tree, shrub or herb
seed or from operating a seed cleaning, shelling, delinting or processing plant. In addition
to the penalty provided in this article, the Commissioner of Agriculture and Industries may
file a petition in the circuit court for a temporary restraining order or permanent injunction
or both; and, for cause shown, the court shall have jurisdiction to restrain or enjoin any
person from engaging in the sale of seed without securing the permit as required under this
article. Such temporary restraining order or permanent injunction shall be issued without
bond. (Acts 1963, No. 424, p. 931, §11.)...
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6-5-155.5
Section 6-5-155.5 Motion for preliminary injunction; consolidation of trial with hearing on
motion; other equitable relief. (a) Upon a filing of a motion for a preliminary injunction
to abate the drug-related nuisance, the plaintiff shall be entitled to a hearing on the motion
within 10 business days of the filing. If it appears by affidavit or otherwise, that there
is a substantial likelihood that the plaintiff will be able to prove a drug-related nuisance
by a preponderance of evidence, the circuit court may issue a preliminary injunction and grant
other relief as the court may deem to be appropriate, including those remedies provided by
Section 6-5-156.3. (b) When appropriate, the court shall order the trial of the action on
the merits to be advanced and consolidated with the hearing on the motion for a preliminary
injunction. (c) This section shall not be construed to prohibit the application for or the
granting of a temporary restraining order or other equitable relief provided by...
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