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Click here for the full text of this decision FACTS:ECGC Inc. leased the Echo Creek Country Club (the golf course) from Rus-Ann for one year beginning Oct. 1, 2004. ECGC exercised an option to continue the lease through Sept. 30, 2006. On Dec. 6, 2005, Homer A. Lambert, president of Rus-Ann Development Inc., sent ECGC a letter declaring that it was in default under the terms of the lease. On Dec. 14, ECGC sent a letter in response stating that it was not in default but asking for more information on the alleged defaults. On Dec. 21, 2005, ECGC filed suit seeking a temporary injunction to prevent Rus-Ann from evicting it under the lease. Correspondence flowed back and forth between Rus-Ann and ECGC over the next several months regarding the alleged defaults under the terms of the lease. On March 21, 2006, Rus-Ann sent ECGC a letter declaring that it had terminated the lease. The next day, ECGC sent Rus-Ann a letter declaring that it was exercising its option to purchase the golf course. On April 7, ECGC amended its suit for temporary injunction, stating that it was ready to perform in accordance with the option agreement. The trial court held two hearings on ECGC’s temporary injunction. After the second hearing, the court said it would enter an order granting the temporary injunction if ECGC tendered $400,000 into the registry of the court along with a $1,000,000 promissory note made payable to Rus-Ann Development to be paid over 30 years at 6 percent interest (the terms specified in the option to purchase). ECGC’s tendered the sums, and the trial court entered an order for a temporary injunction enjoining Rus-Ann from any attempt to evict ECGC from the golf course pending a trial on the merits in the case. Rus-Ann requested findings of fact and conclusions of law, which the trial court provided. Rus-Ann then appealed the granting of the temporary injunction to this court. HOLDING:Affirmed. To obtain a temporary injunction, an applicant must plead and prove three specific elements: 1. the cause of action against the defendant; 2. a probable right to the relief sought; and 3. a probable, imminent and irreparable injury in the interim. A trial court’s grant or denial of a temporary injunction is subject to reversal only for a clear abuse of that discretion, the court stated. The court found that the trial court did not err in finding that ECGC had a cause of action against Rus-Ann, because the issue of whether ECGC had breached the contract in a manner that allowed Rus-Ann to terminate the lease before ECGC exercised its option to purchase was a question of law for the trial court to decide. Moving on to the issue of probable injury, the court noted that the potential loss of rights in real property is a probable, imminent and irreparable injury that qualifies a party for a temporary injunction. Rus-Ann, the court stated, left no doubt that it was refusing any attempt by ECGC to proceed with the purchase of the golf course. Finally, on the issue of probable right to relief, Rus-Ann contended that the trial court abused its discretion in granting a temporary injunction, because the option contract was not sufficiently clear and definite for enforcement by specific performance. But the essential elements required, in writing, for the sale of real property are the price, the property description and the seller’s signature, the court stated, and those three essential elements were in the lease with option to purchase in the instant case. Thus, the court held that the contract contained the essential terms for a decree of specific performance and establishing a probable right to the relief sought. OPINION:Worthen, C.J.; Worthen, C.J., Griffith and Hoyle, J.J.

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