Case: 25CH1:23-cv-00158 Document #: 10 Filed: 02/28/2023 Page 1 of 4

IN THE CHANCERY COURT OF HINDS COUNTY, MISSISSIPPI

BRIARWOOD REALTY HOLDING, LLC PETITIONERS

vs. CAUSE NO. G2023-158 H/3

CITY OF JACKSON, MISSISSIPPI RESPONDENT

TEMPORARY RESTRAINING ORDER

CAME ON for hearing before the Court the Verified Emergency Petition for Temporary

Restraining Order, Preliminary and Permanent Injunction, and Other Relief (the “Petition”) filed

by Briarwood Realty Holding, LLC (“Briarwood”) and Mike Kohan (“Kohan”) (collectively,

“Petitioners”) against the City of Jackson, Mississippi (the “City”). Having reviewed the Motion

and Defendants’ opposition thereto, the Court finds that some emergency relief requested is in

the interest of equity.

I. FACTS AND PROCEDURAL HISTORY

Briarwood owns the Property and has owned the Property at all pertinent times set forth in

the Petition. In 2022, the City alleged certain environmental law violations regarding the Property.

The City brought those alleged violations forward in Jackson Municipal Court. However, there is

great dispute as to whether the City issued any citation, summons, or notice whatsoever to

Briarwood—the Property’s owner—for a court case(s) alleging violations against it.

Despite this dispute, the City proceeded with a trial against Kohan, individually, on January

10, 2023. The Jackson Municipal Court found against Kohan in absentia in his individual capacity.

See Judgment, Exhibit “A” attached hereto. Upon learning of the Judgment, Kohan filed an

Emergency Motion to Vacate and Stay Execution of Judgment or, Alternatively, to Waive and/or

Reduce Bond, asking the Jackson Municipal Court to vacate the Judgment or, alternatively, to

1
 Case: 25CH1:23-cv-00158 Document #: 10 Filed: 02/28/2023 Page 2 of 4

waive the bond to allow Kohan to proceed with an appeal for trial de novo. See Emergency Motion

to Vacate, Exhibit “I” attached to Petition. In his emergency motion, Kohan asserted that

Briarwood owns the Property and that he did not receive proper service of process in accordance

with Mississippi law. Id.

The Jackson Municipal Court denied Kohan’s emergency motion to vacate the Judgment

and declined to reduce the $1,000,000 appearance bond, finding that the City purportedly sent a

citation and notice to Kohan (i.e., not Briarwood) of the claims related to the Property. See Order

Denying Emergency Motion to Vacate and Stay Execution of Judgment or, Alternatively, to Waive

and/or Reduce Bond, Exhibit “B” attached hereto.

II. LEGAL STANDARD

Mississippi Rule of Civil Procedure 65 does not prescribe the circumstances in which a

preliminary injunction may be granted; the grant or denial of a preliminary injunction remains a

matter for the trial court’s discretion, exercised in conformity with traditional equity practice. See

V. Griffith, Mississippi Chancery Practice, § 442 (2d ed. 1950). However, Mississippi case law

has provided guidance in the consideration of preliminary injunctions. The court should balance

the equities and make four findings: (1) there exists a substantial likelihood that the plaintiff will

prevail on the merits; (2) the injunction is necessary to prevent irreparable harm; (3) threatened

injury to the plaintiff outweighs the harm an injunction might do to the defendant; and (4) entry of

a preliminary injunction is consistent with the public interest. City of Durant v. Humphreys County

Memorial Hospital/ Extended Care Facility, 587 So. 2d 244 (Miss. 1991). Plaintiffs alone bear

the burden of demonstrating the need for injunctive relief. A-1 Pallet Co. v. City of Jackson, 40

So.3d 563, 568 (Miss. 2010). In the case at hand, the Court finds that Plaintiffs have demonstrated

2
 Case: 25CH1:23-cv-00158 Document #: 10 Filed: 02/28/2023 Page 3 of 4

that these four factors have been met.

III. DISCUSSION

There exists a substantial likelihood that the plaintiff will prevail on the merits, due to the

great dispute regarding whether the City actually sent citation, summons or notice to Briarwood

and/or the owner of the Property. The injunction is necessary to prevent irreparable harm, as there

is the immediate threat of (a) demolition of the Property; and (b) arrest of Kohan, individually, for

not demolishing the Property, which greatly outweighs the harm an injunction might do to the

defendant. Entry of a preliminary injunction is consistent with the public interest.

CONCLUSION

IT IS, THEREFORE, ORDERED AND ADJUDGED that a temporary restraining order

should be, and hereby is, GRANTED against the City of Jackson, Mississippi enjoining the City

and its departments and/or component units, including the Department of Planning and

Development and the Jackson Police Department, from enforcing or attempting to enforce the

judgment of the Jackson Municipal Court dated January 10, 2023 (the “Judgment”) attached as

Exhibit “A” hereto and associated order entered February 14, 2023 attached as Exhibit “B”

hereto.

IT IS, FURTHER, ORDERED AND ADJUDGED that this remedy is necessary because a

trial on the merits of the issue may be moot if the Property is destroyed and/or Kohan is arrested

for failing to demolish the Property prior to trial, in which case Briarwood will find itself without

the Property that is subject to this action.

IT IS, FURTHER, ORDERED AND ADJUDGED that this temporary restraining order

shall remain in effect for thirty (30) days.

IT IS, FURTHER, ORDERED AND ADJUDGED that Petitioners shall post a bond in the

3
 Case: 25CH1:23-cv-00158 Document #: 10 Filed: 02/28/2023 Page 4 of 4

amount of $10,000.00 with an appropriate surety in this matter, the same being deemed by this

Court as proper, for the payment of such costs, damages, and reasonable attorney's fees as may be

incurred or suffered by Defendants if actions be wrongfully enjoined.

SO ORDERED, ADJUDGED, AND DECREED THIS the 28th day of February, 2023, at

5:15 p.m.

/s/ Tametrice E. Hodges