South Dakota Codified Laws 34A-2-73. Action by department to enjoin violations–Temporary injunction and restraining order
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The department may bring an action without furnishing of bond, for an injunction against the continuation of any threatened or actual violation, or against any person who fails to comply with an emergency order issued by the secretary by virtue of § 34A-2-68, or any final order of the secretary or board. The court to which the department applies for an injunction may issue a temporary injunction, if it finds that there is reasonable cause to believe that the allegations of the department are true, and it may issue a temporary restraining order pending action on the temporary injunction.
Terms Used In South Dakota Codified Laws 34A-2-73
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
Source: SL 1973, ch 280, § 16; SDCL Supp, § 46-25-89; SL 1988, ch 285, § 33.