Sajid Islam obtains a favorable result in a complex property dispute

Thursday June 28, 2018

Ikle v Fritts, et al

Sajid Islam obtained a favorable result arguing against a plaintiff’s motion for preliminary injunction in a property dispute involving lot owners in a neighborhood. With respect to a park, waterfront and lake located within the neighborhood, the plaintiff was seeking a preliminary injunction to prevent defendants from erecting docks, mooring devices, or other semi-permanent or permanent structures; maintaining picnic tables; hosting large gatherings, parties, or bonfires; or driving or parking motor vehicles, golf carts or ATVs. Sajid and Co-Counsel argued that the plaintiff had not demonstrated any ownership of the park or any riparian rights with respect to the waterfront and lake. In addition, Sajid and Co-Counsel argued that the plaintiff had not demonstrated a likelihood to prevail on the merits or that the plaintiff would suffer irreparable harm without the entry of a preliminary injunction. It was also argued that the harm to the public interest was great because the plat dedication expressly stated that all lot owners could use the parks and canals in the neighborhood and the relief being requested by the plaintiff was contrary to that express intent. After extensive arguments, the court stated that it would not grant the plaintiff’s motion. However, in order to maintain the status quo until a final decision on the merits, the court entered an order preventing loud music or fireworks on the park area, and preventing the use of golf carts and ATVs on the park area in such a way as would disturb the peace.

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