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ELECTRONICALLY FILED
7/17/2023 9:25 AM
68-CV-2023-900527.00
CIRCUIT COURT OF
JEFFERSON COUNTY, ALABAMA
KAREN DUNN BURKS, CLERK

IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA

BESSEMER DIVISION

CITY OF HELENA, )
Plaintiff, )
)
V. ) Case No.: CV-2023-900527.00
)
CITY OF HOOVER, )
FRANK BROCATO, )
JOHN LYDA, )
CURT POSEY ET AL, )
Defendants. )

TEMPORARY RESTRAINING ORDER

Upon consideration of the Plaintiff’s Motion for Temporary Restraining Order and

sworn affidavit before this Court, it is Ordered and Decreed by the Court as follows:

1. The Court finds that the Plaintiff has met its burden of demonstrating (1) that

without the temporary restraining order the Plaintiff would suffer immediate

and irreparable injury; (2) that the plaintiff has no adequate remedy at law; (3)

that the plaintiff at least has a reasonable chance of success on the ultimate

merits of its case; and (4) that the hardship imposed on the Defendants by

the injunction would not unreasonably outweigh the benefit accruing to the

Plaintiff.

2. The Court finds that no bond shall be required to be paid by Plaintiff.

3. The Court finds that Helena has exclusive jurisdiction over the Indian Ford Fire

District and all properties in said District until the election on August 8, 2023 and

Canvassing on August 15, 2023.

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3. Any officers, agents or employees of the Defendants are hereby restrained from

the following:

A. Promising property owners within the Indian Ford Fire District tax

abatements or other incentives for annexation request and/or for a “no” vote;

B. Using any municipal funds to advocate for a “yes” or “no” vote or to

otherwise chill voter turnout;

C. Accepting any annexation requests from any owners of property

located within the Indian Ford Fire District until the election on August 8, 2023

and Canvassing on August 15, 2023.

D. Taking any action that would fundamentally affect the election on

August 8, 2023 and Canvassing on August 15, 2023 in any manner

Copies of this Order shall be immediately served upon the defendants.

Pursuant to the provisions of Rule 65(b) of the Alabama Rules of Civil Procedure, this

Order shall expire at midnight on July 26, 2023 , unless within the time so fixed the

Order for good cause is extended or unless the defendant consents that the Order may

be extended for a longer period.

This cause is set for hearing upon the application of the plaintiff for a preliminary

injunction on July 26, 2023, at 11:30 a.m. At that hearing, plaintiff and defendants

shall be prepared to proffer evidence regarding the likelihood plaintiff shall prevail on its

claims.

DONE this 17th day of July, 2023.

/s/ DAVID J HOBDY
CIRCUIT JUDGE
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