Arizona Laws 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.
Terms Used In Arizona Laws 27-525
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- commissioner: means the oil and gas conservation commission. See Arizona Laws 27-501
- Gas: means natural gas, casinghead gas, all other hydrocarbons not defined as oil, carbon dioxide and helium or other substances of a gaseous nature. See Arizona Laws 27-501
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Oil: means crude petroleum oil and all other hydrocarbons, regardless of gravity, which are produced at a well in liquid form by ordinary production methods and which are not the result of condensation of gas. See Arizona Laws 27-501
- Person: includes a corporation, association, partnership, receiver, trustee, guardian, executor, administrator, fiduciary or representative or any group acting as a unit and includes any department, agency or instrumentality of the state or any of its governmental subdivisions. See Arizona Laws 27-501
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Statute: A law passed by a legislature.
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
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.