RANDOLPH, Justice, for the Court:
¶ 1. The Secretary of State of Mississippi ("State") and the City of Ocean Springs ("Ocean Springs") bring this appeal. The Hinds County Chancery Court enjoined the construction of a sidewalk along the beach, adjacent to the seawall, on property claimed by Gunn and Harris in Ocean Springs. This Court must determine whether the chancellor erred in granting the permanent injunction. The State and Ocean Springs assert that the chancellor erred in issuing the permanent injunction because: her finding of irreparable injury was not supported by substantial evidence; an adequate remedy at law was available; and she failed to rule on the merits of the
¶ 2. We find no error in the chancellor's earlier determination that irreparable injury would result if she did not grant an injunction and that no adequate remedy at law was available. We conclude that the chancellor's Order and Opinion is in fact a preliminary injunction, incorrectly styled as a permanent injunction. It is clear from its language that the chancellor sought to protect the interests of all parties until ownership of the property could be determined.
¶ 3. Clyde H. Gunn and D. Neil Harris, Sr., each own property in an area of Ocean Springs known as East Beach. A roadway, a seawall, and the beach run adjacent to the Gulf of Mexico ("Gulf"), separating home sites from the beach and Gulf.
¶ 5. On November 16, 2009, the State and Ocean Springs entered into a lease of public-trust tidelands, a narrow strip of beach known as East Beach, which the lease describes as located "seaward of the toe of the seawall." The lease permits Ocean Springs to use the beach "for a free public walkway, access area, bicycle racks and other amenities which serve a higher public purpose of promoting the public access to and public use of tidelands and submerged lands."
¶ 6. On January 11, 2010, Gunn and Harris filed a complaint against the State and Ocean Springs, challenging the validity of the lease. Gunn and Harris alleged that the State had acted contrary to its own statutory law, public policy, and the administrative rules and procedures, because the State had failed to obtain Gunn's and Harris's permission as property owners, or, at a minimum, as holders of littoral or riparian rights.
¶ 7. On February 9, 2010, Marine Resources granted the permit for construction of the sidewalk, and construction was scheduled to begin in March 2010.
¶ 8. On March 24, 2010, the chancellor held a hearing on Gunn's and Harris's request for a preliminary injunction. The chancellor granted the preliminary injunction. The chancellor found that (1) the substantial likelihood of prevailing on the merits weighed equally in each party's favor; (2) Gunn and Harris would likely suffer irreparable injury because the project was scheduled to be completed "within a matter of weeks[,]" before litigation of the merits; (3) the Secretary of State or Ocean Springs would likely not suffer irreparable injury; and (4) maintaining the area in its natural state would serve the public interest.
¶ 9. On April 8, 2010, the chancellor signed a "Judgment for Preliminary Injunction and Setting Security" granting the preliminary injunction "pending a hearing of this matter on the merits," requiring Gunn and Harris "to forthwith post a security bond in the amount of $250,000[,]" and scheduling a hearing on the merits for a permanent injunction and declaratory relief for April 13 and 14, 2010. (Emphasis added.) Gunn and Harris posted
¶ 10. On April 13 and 14, 2010, the chancellor held a hearing. On numerous occasions during the hearing, the chancellor expressed that the issue of property rights was not properly before the court and that a case to determine ownership was pending in Jackson County.
¶ 11. On April 23, 2010, the chancellor issued an Order and Opinion denying Gunn and Harris declaratory relief, but granting a permanent injunction. The chancellor again acknowledged the dispute over ownership of the leased land, but "refrain[ed] from drawing property lines or declaring fee simple ownership and other property ownership rights. . . ." The chancellor balanced the required factors for granting an injunction, finding that: (1) "[u]ntil a judgment of ownership rights is resolved then . . . this Court[] . . . must balance the Plaintiffs' rights to free and quiet enjoyment of the real property now in their possession and the City of Ocean Springs['] contention that the Subject Lease is valid. At present, [the substantial likelihood of prevailing on the merits] factor weighs equally to both parties[;]" (2) Gunn's and Harris's property interests "will be irreparably injured if the injunction is not granted" and "if the subject lease were allowed to continue[,] . . . the proposed pathway would be in place and construction complete before any other litigation could be resolved[;]" (3) she was "not persuaded that the Defendants will suffer harm [if the injunction is issued;]" and (4) "it is in the public's interest to refrain from altering the natural habitat of the Subject Lease area until such time as the ownership of the Subject Lease area and relevant surrounding areas is established." The chancellor concluded that, on balance, equity dictated that an injunction should be granted enjoining construction of the pathway "[u]ntil there has been a final determination of property ownership."
¶ 12. This Court will consider:
¶ 13. This Court "will not disturb the factual findings of a chancellor when supported by substantial evidence unless. . . the chancellor abused his discretion, was manifestly wrong, clearly erroneous or applied an erroneous legal standard." A-1 Pallet Co. v. City of Jackson, 40 So.3d 563, 567 (Miss.2010) (citations omitted).
¶ 14. In determining the propriety of issuing an injunction, a chancellor must balance four factors: "(1) there exists a substantial likelihood that plaintiff will prevail on the merits; (2) the injunction is necessary to prevent irreparable harm; (3) the threatened harm to the applicant outweighs the harm the injunction might do to the respondents; and (4) entry of the injunction is consistent with the public interest." Am. Legion Post # 134 v. Miss. Gaming Comm'n, 798 So.2d 445, 454 (Miss.2001).
¶ 15. We cannot conclude that the chancellor erred in finding that Gunn and Harris would suffer irreparable injury if she did not issue an injunction. The chancellor found that habitat destruction and damage to real property would cause irreparable harm to Gunn and Harris, if ownership is resolved in their favor. However, the chancellor's finding is couched in language that shows an intent to grant a temporary, not a permanent, injunction: "if the subject lease were allowed to continue[,] then the reality of it is that the proposed pathway would be in place and construction complete before any other litigation could be resolved." The chancellor expressed concern that the resolution of Gunn's and Harris's property rights could be rendered meaningless if she failed to issue an injunction to prevent construction of the pathway until their property rights were determined. Allowing construction of the pathway to proceed before ownership rights are determined could result in irreversible harm to Gunn and Harris, should it be determined that they own the land upon which the pathway is built. We find no evidence that the chancellor "abused [her] discretion, was manifestly wrong, clearly erroneous[,] or applied an erroneous legal standard" in finding that Gunn and Harris would be irreparably injured, particularly in light of the chancellor's ruling to prevent construction before ownership of the property is determined. Thus, although we find no error in granting an injunction, the State's contention that it was error to grant a permanent injunction has merit. "Permanent" means "[l]asting or meant to last indefinitely" or "[n]ot expected to change in status, condition, or place[.]" Webster's II New College Dictionary 819 (2001). In contrast, "temporary" means "[l]asting, used, or enjoyed for a limited time[.]" Id. at 1135-36. Therefore, it was error to grant a permanent injunction.
¶ 16. Determining whether an adequate remedy at law is available is a part of determining whether "irreparable harm" will occur if an injunction does not
¶ 17. The absence of a decision on the merits precludes a chancellor from granting a permanent injunction, but would not and did not preclude the continuance of the equitable relief granted via a preliminary injunction, until ownership of the property is determined. The chancellor erred in styling the disposition as a permanent injunction, because a court may issue a permanent injunction only after a "full hearing on the merits of the claim[.]" A-1 Pallet Co. v. City of Jackson, 40 So.3d 563, 569 (Miss.2010). However, a "court may issue a preliminary injunction even though plaintiff's right to relief still is uncertain." Miss. R. Civ. P. 65(a) cmt. "[A] preliminary injunction . . . is an injunction issued to protect the plaintiff from irreparable injury and to preserve the court's power to render a meaningful decision on the merits." Id. Here, the chancellor enjoined construction of the pathway "[u]ntil there has been a final determination of property ownership." (Emphasis added.) Therefore, we find that the chancellor's Order and Opinion in fact granted a preliminary injunction, albeit incorrectly styled as a permanent injunction.
¶ 18. The language of the chancellor's Order and Opinion validates a decision to grant injunctive relief. The chancellor concluded her Order and Opinion by stating:
The chancellor's repeated use of the word "until" evidences a clear intention that an injunction be in place until a decision on the merits is reached—exemplifying the concept of a preliminary injunction. Thus, the injunction granted was conditional, and not a final, permanent resolution of the case. As such, only a preliminary injunction would lie.
¶ 19. The chancellor analyzed the necessary factors for granting an injunction. A court is required only to "balance the . . . factors[,]" not to resolve all four factors in one party's favor or the other, to achieve equity and grant an injunction. See A-1 Pallet Co., 40 So.3d at 569. The chancellor first found that Gunn's and Harris's property interests "will be irreparably injured if the injunction is not granted" and "if the subject lease were allowed to continue[,] . . . the
¶ 20. We find that the injunction issued is essentially a reaffirmation of the earlier-granted preliminary injunction, improperly styled as a permanent injunction. We reverse the judgment granting a permanent injunction. We remand this case to the Hinds County Chancery Court with instruction to continue the preliminary injunction originally granted, which has not been appealed or cancelled. The chancellor may, within her discretion, (1) stay the action "until there is absolute certainty of the ownership rights of the parties" or (2) transfer the action to the Jackson County Chancery Court, if she concludes that "in the interest of justice[,]" transfer is in the best interests of all parties and will result in a more efficient resolution. See Miss. R. Civ. P. 82(e) (providing that "in the interest of justice[,]" a court may transfer a case that was filed in an appropriate venue to another court within the state "in which the action might have been properly filed").
¶ 21.
WALLER, C.J., CARLSON AND DICKINSON, P.JJ., LAMAR, KITCHENS AND CHANDLER, JJ., CONCUR. KING, J., DISSENTS WITH SEPARATE WRITTEN OPINION. PIERCE, J., NOT PARTICIPATING.
KING, JUSTICE, dissenting:
¶ 22. With appropriate respect for the Majority, I am compelled to dissent from its ultimate resolution of this case. The Majority claims that the chancellor did not issue a permanent injunction, but in language less than artful, merely continued the preliminary injunction by improperly styling it as a permanent injunction. On that basis, the Majority holds that this case should be remanded with instructions to continue the preliminary injunction. It is my belief that the proper reading of the
¶ 23. Gunn and Harris requested that the chancellor preliminarily and permanently enjoin the Secretary of State and Ocean Springs from taking any action under what was claimed by the Secretary of State and the City of Ocean Springs to be a lease of public tidelands. Following a hearing, the chancellor granted the preliminary injunction on April 8, 2010, and scheduled a hearing on the request for a permanent injunction for April 13 and 14, 2010.
¶ 24. As the movants, Gunn and Harris were responsible for placing before the chancellor sufficient evidence of their entitlement to a permanent injunction. This Court has held that facts to warrant an injunction must be established by a preponderance of the evidence. State v. Myers, 244 Miss. 778, 782, 146 So.2d 334, 335 (1962) (citations omitted). Thus, Gunn and Harris were required to prove that the facts more likely than not supported their claim that the lease is invalid. Dill v. Southern Farm Bureau Life Ins. Co., 797 So.2d 858, 867 (¶27) (Miss.2001).
¶ 25. Following the presentation of evidence by the parties, the chancellor analyzed the evidence presented to her, and addressed the four-factor test which is applied to determine whether to grant a permanent injunction. Those four factors which are to be used in determining whether to issue a permanent injunction are: (1) a substantial likelihood that the plaintiff will prevail on the merits; (2) irreparable injury to the plaintiff; (3) the harm an injunction would cause the defendant; and (4) public interest. Punzo v. Jackson County, 861 So.2d 340, 350 (¶41) (Miss.2003) (citing Electronic, Data Sys. Corp. v. Miss. Div. of Medicaid, 853 So.2d 1192, 1207-08 (¶ 49) (Miss.2003)).
¶ 26. The primary issue to be resolved in a consideration of the merits of the claims of Gunn and Harris is the ownership of the disputed property. In addressing that issue, the chancellor stated: "Evidence in this matter asserts that the Proposed Project may or may not be located within tideland. Further evidence contends that the Plaintiffs may or may not have littoral rights within the Proposed Project area. . . . At present, this factor weighs in equally to both parties." Clearly, the chancellor considered this issue and determined that she lacked sufficient evidence to resolve it in favor of Gunn and Harris. The chancellor specifically held that the evidence of ownership did not preponderate in favor or either party. Because Gunn and Harris failed to meet their requisite burden of proof, they failed to establish any entitlement to relief. Thus, the chancellor erred in granting a permanent injunction.
¶ 27. The Majority holds that the injunction is mistakenly styled as permanent and is essentially a reaffirmation of the earlier-granted preliminary injunction. The Majority holds that this appeal should be remanded with an instruction to continue the preliminary injunction. I disagree. A preliminary injunction remains in place only until the completion of a trial on the merits. See Mississippi Rule of Civil Procedure Rule 65; 11 Wright & Miller, Federal Practice and Procedure, Civil § 2947 (1973). The chancellor conducted a hearing
A mapping procedure determines the boundary between the state's public-trust tidelands and the upland property. Miss.Code Ann. § 29-15-7 (Rev.2010). The Secretary of State submits a map to the chancery clerks of affected counties depicting "the boundary as the current mean high water line where shoreline is undeveloped and in developed areas or where there have been encroachments, such maps shall depict the boundary as the determinable mean high water line nearest the effective date of the Coastal Wetlands Protection Act." Id. After a sixty-day notice-and-comment period, the Secretary of State certifies adoption of the final map and records it with the appropriate chancery clerks. Id. Within 120 days of certifying the final map, the Secretary of State must identify and notify all property owners whose lands are subject to the public trust and are in violation of the public trust. Id. "[A]fter three (3) years the boundary as set forth in the certified map shall become final unless the occupant has submitted a contrary claim to the office of the Secretary of State." Id. Land owners "have six (6) months to negotiate and settle differences with the Secretary of State." Id. "A boundary determination shall be final upon agreement of the Secretary of State and the owner and an instrument setting forth the boundary agreement shall be duly executed and recorded in the chancery court where the property is located. Any such boundary agreement shall be binding on the state and other parties thereto." Id.