Drysdale has demonstrated that she will be irreparably harmed if the photo shoot does not occur on Monday, September 21, 1998. Drysdale seeks pictures of her garden in its present state before the flowers die. Because a garden changes daily, the photo shoot cannot be delayed. Pictures of a work of art have an aesthetic value that has no precise monetary value but is real nonetheless. The nature of the pictures in terms of free publicity also cannot be easily estimated.
Irreparable harm is present if legal damages are uncertain or speculative.
Pennsylvania has an interest in the enforcement of property rights, including a tenant's rights under a lease. The court finds guidance from Pennsylvania tort law, which holds the tenant liable for injuries to third persons if the landlord has not retained control of the premises because the tenant has primary responsibility for the premises. The tenant has a superior right to use of the leased premises, so long as that use does not violate the lease. In the present case, the TRO would further this policy by protecting the tenant's property rights under the lease. Conclusions of Law 1.