Government : Former Benton County Board of Health Denied "Immediate Injunctive Relief"

In a decision handed down from the Iowa District Court for Benton County, a decision was handed down rejecting a petition for "Immediate and Permanent Injunctive Relief and Other Remedies."

The ruling cited the Iowa Rules of Civil Procedure 1.1501 which states, "An injunction may be obtained as an independent remedy by an action in equity, or as an auxiliary remedy in any action. In either case, the party applying therefor may claim damages or other relief in the same action. An injunction may be granted as part of the judgment; or may be granted by order at any prior stage of the proceedings, and is then known as a temporary injunction."

An injunction is a legal solution that can be obtained as an independent action, a discretionary remedy that is granted by courts in exceptional circumstances. Two types of injunctions exist: prohibitory and mandatory. A prohibitory injunction stops someone from doing something, but a mandatory injunction requires someone to do something.

Injunctions can be granted by order at any prior stage of the proceedings. The party applying for an injunction may claim damages or other relief in the same action.

The board will now proceed to court if no solution is found by the Benton County Supervisors.