Behr Properties, LLC, The Beer Trappe, Inc. and Behr Enterprises, LLC v. Ashland Properties, et al. (2017-CA-1155, 17-CI-2156, Fayette Circuit Court)

The Behr entities filed an action against seeking an immediate injunction to validate its trespass through another business property.  The trial court denied the request and granted the property owner’s request by cross motion for injunction prohibiting the trespass.  Behr appealed the temporary injunction to the Court of Appeals under CR 65.07.  On September 20, 2017, the Court of Appeals denied Behr’s request to dissolve the injunction entered in favor of Ashland Properties and other defendants.  The injunction prohibits Behr and the other plaintiffs from trespassing on the defendants’ property.  See the Court of Appeals Order Denying Motion for Interlocutory Relief; and see the Fayette Circuit Court’s June 27, 2017, Temporary Injunction.

Ashland Properties is seeking sanctions against Behr based upon the failure to comply with the Court’s Temporary Injunction.