temporary restraining order for greensboro inn

8/3/2019 Temporary Restraining Order for Greensboro Inn

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cSTATE OF NORTH CAROLINA

O^gB&oW cOUNTYn

C.b.

STATE OF NORTH CAROLINAOn Relation o fCITY OF GREENSBORO

Plaintiff,

KHAN AND KHAN, INC.a North Carolina CorporationDefendant .

IN THE GENERAL COURT OF JUSTICESUPERIOR COURT DIVISION

n cvs jU/ ) f3

TEMPORARY RESTRAININGORDERAND NOTICE OF APPLICATION FOR

PRELIMINARY INJUNCTION

UPON application ofthe Plaintifffor aTemporary Restraining Order pursuant to NorthCarolina General Statute 19-2.3 and 1A-l, Rule 65(b) ofthe North Carolina Rules ofCivilProcedure, this Court has reviewed the Verified Complaint andAffidavits hereinbefore filed inthis action;

AND, having heard the evidence presented for the Plaintiff, the Court finds that based onevidence presented ex parte, there is probable cause to believe anuisance as defined inNorthCarolina General Statute 19-1 e/seq., has been maintained upon the property described in thecomplaint, 135 SummitAvenue, Greensboro, Guilford County, North Carolina, togetherwithand including all buildings and improvements thereon (hereinafter the "Property"). The Propertyis further described in the Deed duly recorded inBook 3508, Page 1592, in the Office oftheGuilford CountyRegister of Deeds;

AND, it clearly appearing totheCourt from those specific facts shown:


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(A) That immediate and irreparable injury, loss, or damage will result to theapplicant before notice can be served and ahearing had thereon, in that the publichealth, safety, andmorals ofthe community will continue to be irreparablydisturbed by the ongoing acts of prostitution that occur on the Property, therebymaking said place adanger to the safety and physical health ofthe patrons oftheProperty andthe community at large.

(B) That immediate and irreparable injury, loss, or damage will result to the applicantbefore notice can beserved and ahearing had thereon, inthat the public safetyand public morals ofthe community will continue to be irreparably disturbed bythe ongoing breaches ofthe peace that occur on the Property, creating anenvironment where persons engage in violent acts and where persons engaged inillegal drug transactions pose a substantial risk ofviolent acts.

(C) That unless such nuisance is abated these individuals and othermembers ofthepublic will be subjected to the intolerable, immoral, and dangerous conditionsexistingupontheProperty.

(D) That the Plaintiffshould not be required to submit to the nuisance maintained onthe Defendant's Property.

(E) That the Defendant has no legal right to continue the nuisance maintained on theProperty.

(F) That the nuisance related activities conducted upon the Property pose animminent risk topublic morals, health, safety, and welfare, and are ofsuchcontinuous and frequent recurrence, that no reasonable redress can be had inacourtof lawand, therefore, requires emergency action.


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(G) That ifnotice is given before issuance of this Order, removal ofpersonal propertyand contents ofthe place where the nuisance is alleged to exist will defeat theright ofthe Plaintiff and the local government to the personal property asprovided in North Carolina General Statute 19-6; and that the public safety andhealth will continue to be exposed to immediate and irreparable harm pendinghearing.

WHEREFORE, itishereby ordered, adjudged and decreed:1. The Defendant corporation, its officers, agents, servants, employees, attorneys,

and any other persons in active concert or participation with the Defendant corporation in theoperation or continuation of the alleged nuisance, and who receive actual noticemany manner ofthis Order, shall preserve the status quo upon the Property, in that each such person is herebyprohibited and restrained from:

(A) Allowing the nuisance complainedofto continue upon the Property.(B) Engaging in any act upon the Property which violates the laws of the

state or local government.(C) Allowing any other person to engage in any act upon the Property

which violates the laws of the state or local government.2. All other persons who receive actual notice in anymanner ofthis Order, are

hereby prohibited and restrained from engaging in any act upon the Property which violates thelaws of the state or local government.

3. The Defendant owner of the Property described herein, ishereby prohibited andrestrained from giving, granting, selling, conveying, or otherwise disposing or transferringownership ofthe Property, and all persons who receive actual notice in any manner of this order


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are hereby prohibited and restrained from purchasing or otherwise receiving ownership ofsaidProperty.

4. That the officer serving this Order, forthwith enter the Property and make andreturn into the Court, an inventory ofthe personal property and contents situated in and used inconducting ormaintaining such alleged nuisance.

5. That theDefendant corporation, its managers, employees, or designees, shall:(A) Assist the officer serving this Order in identifying rooms not rented to

private individuals.(B) Allow access to such non-rented rooms for the purpose ofconducting an

inventory pursuant to thisOrder.(C) Identify for the purpose of inventory pursuant to this Order, all personal

property and contents belonging to the Defendant corporation that issituated in rented rooms.

(D) Give notice to any person lawfully occupying any room upon the Propertythat an inventory ofthe Defendant corporation's property will beconducted pursuant to this Order and after reasonable notification to suchoccupant provide the officer serving this Order access to the room.

6. The Defendant corporation, its officers, agents, servants, employees, attorneys,and any other persons in active concert or participation with the Defendant corporation in theoperation or continuation of the alleged nuisance and who receive actual notice in any manner ofthis Order, and all other persons who receive actual notice in anymanner ofthis Order, arerestrained from removing or in any manner interfering with any evidence, personal property, or


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contents ofthe Property until the decision ofthe Court granting or refusing apreliminaryinjunction, and until further order of the Court.

7. That this Order and Notice ofthe time and place ofthe hearing ofthe applicationfor apreliminary injunction, along with acopy of the Complaint, shall be served upon theDefendant corporation by handing the documents to or leaving copies with any person in chargeofthe Property or residing therein, or by posting acopy thereof inaconspicuous place at or uponone ormore ofthe principal doors or entrances to such place, or by service under Rule 4of theNorth Carolina Rules ofCivil Procedure.

8. Any violation ofthis Order is acontempt ofcourt, and where the Order isposted, mutilation or removal thereofwhile the same remains in force is contempt of court.

9. This Order shall expire within ten (10) days ofits entry or at such time as theapplication for preliminary injunction is heard or the Order is extended pursuant to Rule 65.

10. Ahearing for preliminary injunction shall be had on the /& day ofTVte r P r*\ )ut r ,2011, at |Q!Q> A.M., or as soon thereafter as it may be heard

by the Court, in the Superior Court ofGuilford County, Guilford County Courthouse,Greensboro,North Carolina. Said hearing shall be conducted by affidavits unless otherwisepermitted bytheCourt.

ENTERED this^^ay of j^lf. 201! at //*%) a.m./p.m.

SuperiorCourt JudgePresidin

temporary restraining order for greensboro inn

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