Laserfiche WebLink
1 injunction was heard simultaneously. Plaintiff appeared by coun- <br /> 2 sel , John A. Macomber; defendants and cross-complainant , County <br /> 3 of San Joaquin , appeared by counsel , Sandra Michael Affonso. <br /> 4 The matter having been submitted on the pleadings , on the <br /> 5 memorandum of points and authorities on file herein , and on the <br /> 6 oral and documentary evidence presented at the hearing , and the <br /> 7 court being fully advised in the matter; <br /> 8 IT IS HEREBY ORDERED that the temporary restraining order <br /> 9 granted herein on April 3 , 1986 , be, and it is hereby, dissolved <br /> 10 and vacated, and that plaintiff 's application herein for a preli- <br /> 11 minary injunction be, and the same is hereby, denied. <br /> 12 And upon proof made to the satisfaction of the court , and <br /> 13 good cause appearing therefor , <br /> 14 IT IS ORDERED that during the pendency of this cross-action, <br /> 15 the above-named cross-defendant, his agents , employees , represen- <br /> 16 tatives , and all persons acting in concert or participating <br /> 17 within , shall be, and they are hereby, enjoined and restrained <br /> 18 from (a ) using or encroaching upon the real property of cross- <br /> 19 complainant as more particularly detailed in the cross-complaint <br /> 20 on file in this matter , (b) from the construction or placing of <br /> 21 any further encroachment on the real property of the cross- <br /> 22 complainant , <br /> 23 IT IS FURTHER ORDERED that cross-defendant be allowed to <br /> 24 address the Board of Supervisors to seek an encroachment permit as <br /> 25 stipulated by the parties and, in the event that such request is <br /> 26 denied, cross-defendant be allowed a reasonable time to remove <br /> 27 the encroachment on cross-complainant ' s property and to restore <br /> 2 - <br />