§323D-51 - Injunctive relief.
§323D-51 Injunctive relief. The stateagency may, in the name of the people of the State through the attorney generalof the State, apply for an injunction in any court of competent jurisdiction toenjoin any person who is not the holder of a certificate of need and who is notexempted from obtaining a certificate of need; and, upon the filing of averified petition in the court, the court or any judge thereof, if satisfied byaffidavit or otherwise, that the person is or has been proceeding with an actioncovered under section 323D-43 without a certificate of need, may issue atemporary injunction, without notice or bond, enjoining the defendant fromfurther action. A copy of the verified complaint shall be served upon thedefendant and the proceedings shall thereafter be conducted as in other civilcases. If it is established that the defendant has been or is proceeding withan action covered under section 323D-43 without a certificate of need, thecourt or any judge thereof may enter a decree enjoining the defendant fromfurther action. In case of violation of any injunction issued under thissection, the court may summarily try and punish the offender for contempt ofcourt. The injunction proceeding shall be in addition to, and not in lieu of,all penalties and other remedies provided in this chapter. [L 1977, c 178, ptof §2; am L 1980, c 75, §22]