context: Because the Court found that the VRS faced no immediate harm due to uncertainty about the status of that agency's legal representation; because temporary injunctions should be granted only in emergency circumstances; and because injunctions should only be entered against high elected officials with great circumspection, the Court found issuance of the requested temporary injunction inap propriate. With the assurance of Mr. McFarlane that the Governor could obtain counsel by the date of the expedited hearing and that the obtained counsel would be ready to proceed by that date, the Court declined to issue the temporary injunction.
citation_a.signal: see
citation_a.identifier: 117 Va. 182, 184
citation_a.parenthetical: "A mandatory injunction will not be granted upon a preliminary hearing except in cases of strong and imperious necessity, where the right to the injunction is clear."
citation_a.sentence: See, Virginia Ry. v. Eckols, 117 Va. 182, 184, 83 S.E. 1082, 1083 (1915) (“A mandatory injunction will not be granted upon a preliminary hearing except in cases of strong and imperious necessity, where the right to the injunction is clear.”); see also Rum Creek Coal Sales, Inc. v. Caperton, 926 F.2d 353, 359 (4th Cir. 1991) (in a case arising in West Virginia, the court affirms the circuit’s adoption of a hardship-balancing test for preliminary injunctions, involving not only the likelihood of success and the public interest, but looking primarily to the likelihood of harm to parties with or without the requested injunction).
citation_b.signal: see also
citation_b.identifier: 926 F.2d 353, 359
citation_b.parenthetical: in a case arising in West Virginia, the court affirms the circuit's adoption of a hardship-balancing test for preliminary injunctions, involving not only the likelihood of success and the public interest, but looking primarily to the likelihood of harm to parties with or without the requested injunction
citation_b.sentence: See, Virginia Ry. v. Eckols, 117 Va. 182, 184, 83 S.E. 1082, 1083 (1915) (“A mandatory injunction will not be granted upon a preliminary hearing except in cases of strong and imperious necessity, where the right to the injunction is clear.”); see also Rum Creek Coal Sales, Inc. v. Caperton, 926 F.2d 353, 359 (4th Cir. 1991) (in a case arising in West Virginia, the court affirms the circuit’s adoption of a hardship-balancing test for preliminary injunctions, involving not only the likelihood of success and the public interest, but looking primarily to the likelihood of harm to parties with or without the requested injunction).