259.210. Threatened violations--injunction. - Missouri Statutes

Threatened violations--injunction.

259.210. 1. Whenever it appears that any person isviolating or threatening to violate any provision of thischapter, or any rule, regulation, or order of the council, thecouncil shall bring suit against such person in the circuit courtof any county where the violation occurs or is threatened, torestrain such person from continuing the violation or fromcarrying out the threat of violation. In any such suit, thecourt shall have jurisdiction to grant to the council, withoutbond or other undertaking, such prohibitory and mandatoryinjunctions as the facts may warrant, including temporaryrestraining orders, preliminary injunctions, temporary,preliminary, or final orders restraining the movement ordisposition of any illegal oil, illegal gas, or illegal product,any of which the court may order to be impounded or placed in thecustody of an agent appointed by the court.

2. If the council shall fail to bring suit to enjoin aviolation or a threatened violation of any provision of thischapter, or any rule, regulation, or order of the council, withinten days after receipt of written request to do so by any personwho is or will be adversely affected by such violation, theperson making such request may bring suit in his own behalf torestrain such violation or threatened violation in any court inwhich the council might have brought suit. The council shall bemade a party defendant in such suit in addition to the personviolating or threatening to violate a provision of this chapter,or a rule, regulation, or order of the council, and the actionshall proceed and injunctive relief may be granted to the councilor the petitioner without bond in the same manner as if suit hadbeen brought by the council.

(L. 1965 2d Ex. Sess. p. 917 § 21)