Remedial Law, 2022 Bar — Question I-6

ESSAY

Isol, Inc. supplies rotisserie chicken products to the grocery section of shopping malls. It conducts kitchen operations in a refurbished house located in Palanan, a residential neighborhood. Rona, a resident of Palanan, filed an action against Isol, Inc. to enjoin the operations of its kitchen on the ground that it emits intolerable odors and violates laws on waste disposal. In the same action, Rona also seeks to have Isol, Inc.’s business permit revoked because an industrial facility is not allowed by law to be located in a residential neighborhood and Isol, Inc. failed to comply with sanitary inspection and other procedural and health requirements. In the complaint Rona filed, she likewise prayed for the issuance of a writ of preliminary injunction (WPI) to stop the kitchen operations during the pendency of the case. Isol, Inc., in its verified answer, strongly opposed the prayer for WPI considering the huge financial disaster that it will suffer if the writ were to be issued, especially in light of the possibility that the suit could continue to be pending for more than a year. Based on the foregoing, may the WPI prayed for already be issued? Explain briefly.

You can write freely without an account. Sign in to reveal the suggested answer and track your progress.