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Save Our Sonoran, Inc. v. Flowers

United States Court of Appeals for the Ninth Circuit
408 F.3d 1113 (2004)


Facts

56th & Lone Mountain, L.L.C. (defendant) obtained a permit to build a gated residential community in the Sonoran desert. Save Our Sonoran, Inc. (SOS) (plaintiff) filed suit, claiming that the development violated federal environmental law. SOS moved for a preliminary injunction. The district court held a hearing to allow both parties to present their cases regarding the injunction and an appropriate security bond amount. SOS argued for a nominal bond amount but did not present evidence that a higher amount would create undue hardship. The court granted SOS’s motion, suspending construction. The district court required SOS to provide a security bond of $50,000 under Federal Rule of Civil Procedure 65(c). Both parties appealed the amount of the required security. Lone Mountain argued that it was insufficient because it did not equal actual potential damages. SOS argued that it was too high and should be nominal because this was a public interest case.

Rule of Law

Issue

Holding and Reasoning (Thomas, J.)

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