S. Ct. Civ. No. 2011-0083

In an action by a hotel corporation seeking an injunction to bar the lessees of certain neighboring parcels of land from blocking access to the gates of plaintiff's property for construction and other purposes, the Superior Court's grant of a preliminary injunction is affirmed. In ruling on a motion for a preliminary injunction the court must consider (1) whether the movant has shown a reasonable probability of success on the merits; (2) whether the movant will be irreparably injured by denial of the relief; (3) whether granting preliminary relief will result in even greater harm to the nonmoving party; and (4) whether granting the preliminary relief will be in the public interest. The defendants in this case challenge only the finding of reasonable probability of success on the merits of the plaintiff's claims, but the record demonstrates that the plaintiff is an intended beneficiary under provisions of the defendants' lease with the Government, in which defendant promised that it would not "restrict access" to "space adjacent" to its leased premises. Therefore, the Superior Court correctly found that the plaintiff had a reasonable likelihood of success in showing that it is entitled to relief as an intended beneficiary of the defendants' promise not to restrict the access to spaces adjacent to its leased premises and that defendants breached that promise. Thus the Superior Court did not abuse its discretion in issuing the preliminary injunction, and its September 2, 2011 order is affirmed.