27-525. Injunctions and restraining
orders
A. No temporary restraining order or injunction shall be granted against the
commissioner or his agent, employee or representative to restrain enforcement of a
statute relating to the conservation of oil and gas or any provision of this article, or
rule, regulation or order made thereunder, except after notice to the commissioner and
all other defendants, and a hearing thereon. At the hearing a restraining order or
injunction shall not be granted unless it is shown that the act done or threatened is
unlawful, or that the statute, or provision of this article, or rule, regulation or order
complained of is invalid and, if enforced, will cause irreparable injury to
plaintiff. An order granting temporary or injunctive relief shall state the nature and
extent of the invalidity of the statute, rule, regulation or order complained of and
shall contain a statement of the probable damage relied upon by the court as justifying
temporary injunctive relief.
B. No temporary injunction or restraining order against the commissioner, or his
agent, employee, or representative shall become effective until plaintiff executes a bond
in an amount and conditioned as the court directs. The bond shall be made payable to the
clerk of the court, shall be approved by the judge, and shall be for the use and benefit
of all persons who may be injured by the acts done under the protection of the
restraining order or injunction. Any action upon the bond by any person claiming injury
shall be brought within not more than six months after the date of final determination of
the validity, in whole or in part, of such statute, provision of this article, or rule,
regulation or order, the enforcement of which was restrained or enjoined.
|