Right Site Coalition v. Los Angeles Unified School District
California Court of Appeal
72 Cal. Rptr. 3d 678 (2008)
The Los Angeles Unified School District (defendant) planned to build a new school requiring demolition of 49 housing units. The Right Site Coalition (plaintiff) sued to stop the demolition, and the trial court ordered the district to prepare an Environmental Impact Report; after the district did so, the Coalition filed a second suit challenging that report and sought a preliminary injunction to halt demolition. The district argued the units had sat vacant for over a year and that delay would add costs. The trial court, focusing only on the balance of hardships in the district's favor, denied the injunction without ever considering whether the Coalition was likely to succeed on the merits.
Whether a trial court must weigh both the likelihood of success on the merits and the balance of hardships when deciding a preliminary-injunction request.