§323D-51  Injunctive relief.  The state
agency may, in the name of the people of the State through the attorney general
of the State, apply for an injunction in any court of competent jurisdiction to
enjoin any person who is not the holder of a certificate of need and who is not
exempted from obtaining a certificate of need; and, upon the filing of a
verified petition in the court, the court or any judge thereof, if satisfied by
affidavit or otherwise, that the person is or has been proceeding with an action
covered under section 323D-43 without a certificate of need, may issue a
temporary injunction, without notice or bond, enjoining the defendant from
further action.  A copy of the verified complaint shall be served upon the
defendant and the proceedings shall thereafter be conducted as in other civil
cases.  If it is established that the defendant has been or is proceeding with
an action covered under section 323D-43 without a certificate of need, the
court or any judge thereof may enter a decree enjoining the defendant from
further action.  In case of violation of any injunction issued under this
section, the court may summarily try and punish the offender for contempt of
court.  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, pt
of §2; am L 1980, c 75, §22]