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STATE OF NORTH CAROLINA

COUNTY

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION n cvs jU/)f3

O^gB&oW c
C.b.

STATE OF NORTH CAROLINA

On Relation of

CITY OF GREENSBORO Plaintiff,

TEMPORARY RESTRAINING ORDER AND NOTICE OF APPLICATION FOR

PRELIMINARY INJUNCTION

KHAN AND KHAN, INC.

a North Carolina Corporation

Defendant.

UPON application ofthe Plaintifffor aTemporary Restraining Order pursuant to North

Carolina General Statute 19-2.3 and 1A-l, Rule 65(b) ofthe North Carolina Rules ofCivil

Procedure, this Court has reviewed the Verified Complaint and Affidavits hereinbefore filed in
this action;

AND, having heard the evidence presented for the Plaintiff, the Court finds that based on evidence presented exparte, there is probable cause to believe anuisance as defined in North
Carolina General Statute 19-1 e/seq., has been maintained upon the property described in the

complaint, 135 Summit Avenue, Greensboro, Guilford County, North Carolina, together with
and including all buildings and improvements thereon (hereinafter the "Property"). The Property
is further described in the Deed duly recorded in Book 3508, Page 1592, in the Office of the
Guilford CountyRegister of Deeds;

AND, it clearly appearing to theCourt from those specific facts shown:

(A)

That immediate and irreparable injury, loss, or damage will result to the

applicant before notice can be served and ahearing had thereon, in that the public
health, safety, and morals ofthe community will continue to be irreparably

disturbed by the ongoing acts of prostitution that occur on the Property, thereby making said place adanger to the safety and physical health ofthe patrons ofthe
Property and the community at large.

(B)

That immediate and irreparable injury, loss, or damage will result to the applicant
before notice can beserved and a hearing had thereon, inthat the public safety

and public morals ofthe community will continue to be irreparably disturbed by

the ongoing breaches ofthe peace that occur on the Property, creating an environment where persons engage in violent acts and where persons engaged in
illegal drug transactions pose a substantial risk ofviolent acts.

(C)

That unless such nuisance is abated these individuals and other members ofthe
public will be subjected to the intolerable, immoral, and dangerous conditions
existing upon the Property.

(D)

That the Plaintiffshould not be required to submit to the nuisance maintained on

the Defendant's Property.

(E)

That the Defendant has no legal right to continue the nuisance maintained on the
Property.

(F)

That the nuisance related activities conducted upon the Property pose an
imminent risk to public morals, health, safety, and welfare, and are ofsuch continuous and frequent recurrence, that no reasonable redress can be had ina
court of law and, therefore, requires emergency action.

(G)

That if notice is given before issuance ofthis Order, removal of personal property
and contents ofthe place where the nuisance is alleged to exist will defeat the
right ofthe Plaintiff and the local government to the personal property as

provided in North Carolina General Statute 19-6; and that the public safety and
health will continue to be exposed to immediate and irreparable harm pending
hearing.

WHEREFORE, it ishereby 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 the

operation or continuation ofthe alleged nuisance, and who receive actual notice many manner of
this Order, shall preserve the status quo upon the Property, in that each such person is hereby
prohibited and restrained from:

(A)

Allowing the nuisance complained ofto continue upon the Property.

(B)

Engaging in any act upon the Property which violates the laws ofthe
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 any manner ofthis Order, are

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

3.

The Defendant owner of the Property described herein, ishereby prohibited and

restrained from giving, granting, selling, conveying, or otherwise disposing or transferring

ownership ofthe Property, and all persons who receive actual notice in any manner ofthis order

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

4.

That the officer serving this Order, forthwith enter the Property and make and

return into the Court, an inventory ofthe personal property and contents situated in and used in
conducting or maintaining such alleged nuisance.

5.

That the Defendant 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 this Order.

(C)

Identify for the purpose of inventory pursuant to this Order, all personal
property and contents belonging to the Defendant corporation that is
situated in rented rooms.

(D)

Give notice to any person lawfully occupying any room upon the Property
that an inventory ofthe Defendant corporation's property will be

conducted pursuant to this Order and after reasonable notification to such

occupant 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 the

operation or continuation ofthe alleged nuisance and who receive actual notice in any manner of
this Order, and all other persons who receive actual notice in any manner ofthis Order, are
restrained from removing or in any manner interfering with any evidence, personal property, or

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

7.

That this Order and Notice ofthe time and place ofthe hearing ofthe application

for apreliminary injunction, along with acopy of the Complaint, shall be served upon the
Defendant corporation by handing the documents to or leaving copies with any person in charge ofthe Property or residing therein, or by posting acopy thereofin aconspicuous place at or upon one or more ofthe principal doors or entrances to such place, or by service under Rule 4ofthe
North Carolina Rules of Civil Procedure.

8.

Any violation ofthis Order is acontempt ofcourt, and where the Order is

posted, 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 the

application 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 of

TVte 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 otherwise
permitted by the Court.

ENTERED this ^^ay of j^lf.

201! at //*%) a.m./p.m.

Superior Court Judge Presidin