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1437 Bannock St . Denver , Colorado 80202 - Brennan Center for ...

1437 Bannock St . Denver , Colorado 80202 - Brennan Center for ...

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THE SECRETARY IS ENTITLED TO AN INJUNCTION IF HE PREVAILS ON THEMERITS.The Secretary seeks an injunction to prevent Clerk Johnson from sending ballots underthe mail ballot statute to persons who are designated as “inactive-failed to vote.” Typically, a“party seeking a permanent injunction must show that: (a) the party has achieved actual successon the merits; (2) irreparable harm will result unless the injunction is issued; (3) the threatenedinjury outweighs the harm that the injunction may cause to the opposing party; and (4) theinjunction, if issued, will not adversely affect the public interest.” Dallman v. Ritter, 225 P.3d610, 621, n.11 (Colo. 2010).A party is not always required to meet these four elements when seeking injunctive relief.Injunctive relief is a judicial remedy, and it may be superseded by a special statutory procedure.See, Kourlis v. Dist. Ct., 930 P.2d 1329, 1335 (Colo. 1997). The supersession may be direct,implicit or both. Id., at 1336. In Lloyd A. Fry Roofing v. <strong>St</strong>ate Dep’t of Health Air PollutionVariance Bd., 191 Colo. 463, 472, 553 P.2d 800, 807-08 (1976), the statute at issue, like § 1-1-107, provided only that the agency could seek an injunction against a person who violated theAir Pollution Control Act. The statute did not specifically exclude a requirement that the agencymust prove irreparable injury. The appellant argued that the agency had to show irreparableinjury. The Supreme Court disagreed. It concluded “that irreparable injury need not be shownwhen the injunction is sought pursuant to statute rather than by the rules of civil procedure.” Id.191 Colo. at 473, 553 P.2d at 808. In addition, the court noted that a party is not required toprove irreparable injury when the suit is in behalf of the public. Id.The Supreme Court reached a similar result in Kourlis. In that case, the Commissioner ofAgriculture sought a preliminary injunction authorized by statute against an unlicensed animal31

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