i was interested in that question as well is this is a pretty simple lawsuit was filed in august of two thousand and fourteen why it title i mean we're not talking about hundreds of acres here issues now that's probably where were you trying to head your honor and i don't disagree we're not talking about a good deal of property but here's the problem in the garage that he built the entire  process because it seems both everyone's a problem not a good exercise of it you should be able to get this matter resolved one way or the other survey or just samples from the ses going to make a injunction and there are multiple cases counts going back and forth why a title by both parties and counterclaims flying back and forth and then ultimately the injunction and you're right my case fails on all counts because what the supreme court has said is on an injunction on appeal big issue is whether there was sufficient showing the firm the order of order and i self help built the fence change the status quo and now all the sudden it's the other side's burden of proof to say i'm strongly elements for the preliminary injunction that seems neat back it seems to court says if you're seeking the injunction you have the burden of proof on these poor elements and one i saying is even if my client put up the fancy change the status quo it doesn't matter because the other side can't meet the burden that the supreme court has clearly said or what with the supreme court said was and the trial court not only has to consider but find is there's a clearly rial court issued here none of those things are contained in the order or even consider in fact when i argued that some detail for the response was i understand your reliance on case law but i think that this is a neighborhood civility issue and i want to preserve that and therefore i'm granting the injunction and i'm not saying that neighborhood civility it isn't a nice thing or a good goal or anything but the way to do that is not to issue an injunction without discussing all four elements and finding that indeed all or elements have been met here and i'm saying not only was that not discussed not only was that not considered but on this record the trial court can find that and here's why because really what the chiefs are saying is i want this injunction because i can't get to my backyard tomorrow that's really but saying but the evidence before the trial was that there was a garage door in the back of the right that he could have driven a more through and gone straight through from the front of the garage you need to do additional determination and it will be two years pretty soon is far is simple straightforward cases go i don't understand what's going on here i am pursuing and you know if you look at the injunction it's important in there and the reason it is important is because the supreme court has said i had these are extraordinary remedies and right so because you're compelling somebody to either do something or or not do something and so here is what you have to do to meet your burden of proof and this one fails on on all levels and in fact i would argue and i think when i asked mr keith what you basically said that your the basis for your injunction is you're afraid that you're going to get these tickets from the village westvill has not been out except when he called them to complain client and never or ever going to go out i don't think so i ask him a civil side from now what what's the basis and keep his answer was well i believe the property is mine that was his answer i want this injunction because i'm afraid of the village and westville issuing me tickets even though they've never issued one and probably never will but i just think it's mine so i think really what he's saying is i want to enlarge my rights to this property or my use of this property through the injunction which i think is an improper use of intimidation so after all of all of this when standards set forth by the supreme court because basically it says we're trying to preserve its ability and that's what we're doing here now there is no neighborhood suggesting that there's something wrong with trying to apply state straightforward but the injunctive relief here because it was your client who changed the but you also have to remember that currently as this case sets that property belongs to my client as it sits right now that property it's highly something that my own well there are competing there are there are involved there is no adequate remedy that you have to have some type of settlement you have to have some type of negligible determination by the court but you can't just willy nilly decide that this is going to be mine and this is going to be yours there was a boundary agreement established and i want i think it's important and i know you've read the the record that most wars years before this issue came up agreed that the post that you talk about justice turner was the boundary law and it reliance on hat and also if you remember reading the transcript tep there is testimony from mrs walters that she asked  piece to move their garage over because she thought it was too close to her house but she was involved in setting them that the place where the garage her driveway was built so this went on for years and then on july sixth of last year she decides to put up a fence well i found out that this probably is not your land that the post that we talked about with the two fences is probably not the boundary line but your garage your driveway and here you're a garden in the back of the garage and all that is now on my land so what did they do they went to court and eventually there's also been an appraisal of this property that's not yet before the court but it will be but we've not been able to get to court because it's not they asked for the waters asked for the case to be put on hold until this issue could be decided so when the judge was good when do just goodman said look folks this is a dispute a neighborhood dispute and we're going to preserve the status quo because we don't like people going out and trying to decide the law on himself but what we have then is a situation where both parties probably have a right a clear right to discuss the boundary line and their interest in this land so it was august two thousand and fourteen complaint to quiet title was filed eleven months later this is this preliminary injunction i mean what well how tricky how busy is the for million county circuit court to be able to get we've been in front of it wasn't mine it was one of my sources it was in front of judge here aren't three or four times trying to get something on record that we could proceed with and then instead of doing that and working with the court and trying to you are saying we should get this resolved and in order to do that we're going to preserve the status quo because we're not gonna let people go out and just take justice to figure out what the status quo in front of him was stood on the front that isn't that's he's fence down so we can know these people can get over here and what they think is theirs and it won't be blocked by this fence and with the court decides that these people don't own this they don't have a right to it you in the meantime let's keep it as it was and as i have been for years thank you thank you and both please read this interesting point which is what at what point can we talk about the status quo because the status quo when we came into court in front of judge goodwin was the fence was up and if you want to be you know technical about preserving the status quo rule and i again the interesting thing is one of the reasons why he is having so much difficulty with this property is because he built a yard  on the west side and he built he filled the center part him with landscaping rocks and and now he's kind of stuck trying to go through this of their area which is strip that we're talking about and there is no evidence that my client interfered with his ability to get back there and you know there's no evidence that she even intended to do that and in fact she was was pretty pretty hard