Litigation

Injunction Denied In Attempt to Stop Self-Storage Facility Auction

By Francis G. X. Pileggi, Esq.

In McAllen v. Reybold Venture Group, 2008 WL 4152689 (Del. Ch., Aug. 28, 2008), the Delaware Chancery thoughtfully denied a pro se petition for a TRO to stop an auction sale of property held in a self-storage unit. Under Title 25, Section 4901, et seq., of the Delaware Code, owners of such facilities can sell the contents of storage units, according to prescribed procedures, if the rental payments for such units are not made. In addition to describing the reasons that the requirements for a TRO were not satisfied, the court suggested that an action for damages in Superior Court or an action for replevin for "return of the property in specie" might be more appropriate where there was no evidence of irreparable injury.

Full post as published by Delaware Corporate and Commercial Litigation Blog on September 12, 2008 (boomark / email).