Narragansett Indian Tribe v. Paul E. Guilbert, 934 F.2d 4 (1st Cir. 1991). · Go Syfert
Narragansett Indian Tribe v. Paul E. Guilbert, 934 F.2d 4 (1st Cir. 1991). Cases Citing This Book View Copy Cite
401 citation events (174 in the last 25 years) across 20 distinct courts.
Strongest positive: Gillan v. Town of Carver (mad, 2025-07-03)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Gillan v. Town of Carver
D. Mass. · 2025 · quote attribution · 1 verbatim quote · confidence high
rreparable harm is not assumed; it must be demonstrated.
discussed Cited as authority (verbatim quote) E. Moran, Inc. v. TomGal, LLC
D.P.R. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
court's conclusions as to the merits of the issues presented on preliminary injunction are to be understood as statements of probable outcomes.
discussed Cited as authority (verbatim quote) Friends of Lydia Ann Channel v. United States Army Corps of Engineers
5th Cir. · 2017 · quote attribution · 1 verbatim quote · confidence high
likelihood of success cannot be woven from the gossamer threads of speculation and surmise.
discussed Cited as authority (verbatim quote) Narragansett Indian Tribe v. Warwick Sewer Authority (2×) also: Cited as authority (rule)
1st Cir. · 2003 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
tjhere was no compelling reason to believe that artifacts of historic significance existed on the ... property.
discussed Cited as authority (verbatim quote) Dupont v. Weld
1st Cir. · 1998 · quote attribution · 1 verbatim quote · confidence high
unless a mistake of law or an abuse of discretion is made manifest, we will not disturb the
discussed Cited as authority (verbatim quote) Dupont v. Dubois
1st Cir. · 1998 · quote attribution · 1 verbatim quote · confidence high
unless a mistake of law or an abuse of discretion is made manifest, we will not disturb the
discussed Cited as authority (verbatim quote) FDIC v. Shafmaster
D.N.H. · 1995 · signal: see · quote attribution · 1 verbatim quote · confidence high
irreparable harm is not assumed; it must be demonstrated.
cited Cited as authority (rule) Zurich American Insurance Company, et al v. L.P.C.&D., Inc., et al
D.P.R. · 2025 · confidence medium
Matos, 367 F.3d at 73 (citing Ross-Simons of Warwick, Inc. v. Baccarat, Inc., 102 F.3d 12, 15 (1st Cir. 1996); Narragansett Indian Tribe v. Guilbert, 934 F.2d 4, 5 (1st Cir. 1991)).
discussed Cited as authority (rule) The Walling Company LLC v. Kesterson
D. Neb. · 2025 · confidence medium
The Walling Company’s assertion that the alleged trade secret information on the Dowding and Scott Kesterson hard drives has been disclosed to or used by the Defendants is not supported by the factual record.16 “Likelihood of success cannot be woven from the gossamer threads of speculation and surmise.” Narragansett Indian Tribe v. Guilbert, 934 F.2d 4, 6 (1st Cir. 1991).
cited Cited as authority (rule) Valmont Industries, Inc. v. Rebequi
D. Neb. · 2025 · confidence medium
“Likelihood of success cannot be woven from the gossamer threads of speculation and surmise.” Narragansett Indian Tribe v. Guilbert, 934 F.2d 4, 6 (1st Cir. 1991).
cited Cited as authority (rule) St. Thomas Hospitality, LLC v. Hancock
D.V.I. · 2025 · confidence medium
Pa. Apr. 26, 2001) (citing , 934 F.2d 4, 6-7 (1st Cir. 1991).
discussed Cited as authority (rule) Donaldsonville Glass and Body Works, Inc. v. Gonzales Municipal Police Department
M.D. La. · 2025 · confidence medium
Tex. 2020)(quoting Aransas Project v. Shaw, 775 F.3d 641, 664 (5th Cir. 2014) (emphasis added)). 23 Friends of Lydia Ann Channel v. United States Army Corps of Engineers, 701 F. App'x 352, 357 (5th Cir. 2017) (quoting Narragansett Indian Tribe v. Guilbert, 934 F.2d 4, 6 (1st Cir. 1991)). 4 Sierra Club v. United States Army Corps of Engineers, 990 F. Supp. 2d 9, 39 (D.D.C. 2013) (quoting Wisconsin Gas Co. v. FERC, 758 F.2d 669 , 674 (D.C.
examined Cited as authority (rule) Capen v. Campbell (3×) also: Cited "see"
1st Cir. · 2025 · confidence medium
Finally, "a court's conclusions as to the merits of the issues presented on preliminary injunction are to be understood as statements of probable outcomes." Narragansett Indian Tribe v. Guilbert, 934 F.2d 4, 6 (1st Cir. 1991).
discussed Cited as authority (rule) HUBER RESOURCES CORP v. OLSON
D. Me. · 2024 · confidence medium
Instead, my “conclusions as to the merits of the issues presented on preliminary injunction are to be understood as statements of probable outcomes.” Narragansett Indian Tribe v. Guilbert, 934 F.2d 4, 6 (1st Cir. 1991).
discussed Cited as authority (rule) Lee v. Lawerence
M.D. La. · 2024 · confidence medium
Tex. 2020)(quoting Aransas Project v. Shaw, 775 F.3d 641, 664 (5th Cir. 2014) (emphasis added)). 51 Friends of Lydia Ann Channel v. United States Army Corps of Engineers, 701 F. App'x 352, 357 (5th Cir. 2017) (quoting Narragansett Indian Tribe v. Guilbert, 934 F.2d 4, 6 (1st Cir. 1991)). 52 Sierra Club v. United States Army Corps of Engineers, 990 F. Supp. 2d 9, 39 (D.D.C. 2013) (quoting Wisconsin Gas Co. v. FERC, 758 F.2d 669 , 674 (D.C.
discussed Cited as authority (rule) Brown v. Baton Rouge Police Department
M.D. La. · 2024 · confidence medium
Tex. 2020)(quoting Aransas Project v. Shaw, 775 F.3d 641, 664 (5th Cir. 2014) (emphasis added)). 51 Friends of Lydia Ann Channel v. United States Army Corps of Engineers, 701 F. App'x 352, 357 (5th Cir. 2017) (quoting Narragansett Indian Tribe v. Guilbert, 934 F.2d 4, 6 (1st Cir. 1991)). 52 Sierra Club v. United States Army Corps of Engineers, 990 F. Supp. 2d 9, 39 (D.D.C. 2013) (quoting Wisconsin Gas Co. v. FERC, 758 F.2d 669 , 674 (D.C.
discussed Cited as authority (rule) Estancias de Cerro Mar, Inc. v. Puerto Rico Aqueduct and Sewer Authority
D.P.R. · 2024 · confidence medium
Narragansett Indian Tribe v. Guilbert, 934 F.2d 4, 5 (1st Cir. 1991); González-Droz v. Page 4 _______________________________ González-Colón, 573 F.3d 75, 79 (1st Cir. 2009) (affirming denial of preliminary injunction because movant failed to establish irreparable injury, a required element).
discussed Cited as authority (rule) Hains v. Pointe Coupee Parish Government
M.D. La. · 2023 · confidence medium
Tex. 2020)(quoting Aransas Project v. Shaw, 775 F.3d 641, 664 (5th Cir. 2014) (emphasis added)). 41 Friends of Lydia Ann Channel v. United States Army Corps of Engineers, 701 F. App'x 352, 357 (5th Cir. 2017) (quoting Narragansett Indian Tribe v. Guilbert, 934 F.2d 4, 6 (1st Cir. 1991)). 42 Sierra Club v. United States Army Corps of Engineers, 990 F. Supp. 2d 9, 39 (D.D.C. 2013) (quoting Wisconsin Gas Co. v. FERC, 758 F.2d 669 , 674 (D.C.
cited Cited as authority (rule) Career Colleges & Schools of Texas v. United States Department of Education
W.D. Tex. · 2023 · confidence medium
Friends of Lydia Ann Channel v. United States Army Corps of Engineers, 701 F. App’x 352, 357 (5th Cir. 2017) (quoting Narragansett Indian Tribe v. Guilbert, 934 F.2d 4, 6 (1st Cir. 1991)).
discussed Cited as authority (rule) Ocean State Tactical, LLC v. State of Rhode Island
D.R.I. · 2022 · confidence medium
As the Court examines how this case measures up against these criteria, it is mindful that “the first two factors, likelihood of success and of irreparable harm, [are] ‘the most important’ in the calculus.” Brunx v. Mayhew, 750 F.3d 61, 65 (1st Cir. 2014) (quoting Gonzalez-Droz v. Gonzalez-Colon, 573 F.3d 75, 79 (1st Cir. 2009)).1 In evaluating whether the plaintiffs have met the most important requirement of likelihood of success on the merits, a Court must keep in mind that the merits need not be “conclusively determineld];” instead, at this stage, decisions “are to be understo…
discussed Cited as authority (rule) GRAHAM v. RIVERVIEW PSYCHIATRIC CENTER
D. Me. · 2022 · confidence medium
When evaluating a request for injunctive relief, courts “must consider (1) the likelihood of success on the merits; (2) the potential for irreparable harm if the injunction is denied; (3) the balance of relevant impositions, i.e., the hardship to the nonmovant if enjoined as contrasted with the hardship to the movant if no injunction issues; and (4) the effect (if any) of the court’s ruling on the public interest.” Ross–Simons of Warwick, Inc. v. Baccarat, Inc., 102 F.3d 12, 15 (1st Cir. 1996) (citing Weaver v. Henderson, 984 F.2d 11 , 12 &n.3 (1st Cir. 1993), and Narragansett Indian T…
cited Cited as authority (rule) Schnitzer Steel Industries, Inc. v. Dingman
D.R.I. · 2022 · confidence medium
Narragansett Indian Tribe v. Guilbert, 934 F.2d 4, 5 (st Cir. 1991).
discussed Cited as authority (rule) GLADU v. MAINE DEPARTMENT OF CORRECTIONS
D. Me. · 2022 · confidence medium
DISCUSSION When evaluating a request for injunctive relief, a court “must consider (1) the likelihood of success on the merits; (2) the potential for irreparable harm if the injunction is denied; (3) the balance of relevant impositions, i.e., the hardship to the nonmovant if enjoined as contrasted with the hardship to the movant if no injunction issues; and (4) the effect (if any) of the court’s ruling on the public interest.” Ross–Simons of Warwick, Inc. v. Baccarat, Inc., 102 F.3d 12, 15 (1st Cir. 1996) (citing Weaver v. Henderson, 984 F.2d 11 , 12 &n.3 (1st Cir. 1993), and Narragans…
discussed Cited as authority (rule) GLADU v. MAINE DEPARTMENT OF CORRECTIONS
D. Me. · 2022 · confidence medium
When evaluating a request for injunctive relief, a court “must consider (1) the likelihood of success on the merits; (2) the potential for irreparable harm if the injunction is denied; (3) the balance of relevant impositions, i.e., the hardship to the nonmovant if enjoined as contrasted with the hardship to the movant if no injunction issues; and (4) the effect (if any) of the court’s ruling on the public interest.” Ross–Simons of Warwick, Inc. v. Baccarat, Inc., 102 F.3d 12, 15 (1st Cir. 1996) (citing Weaver v. Henderson, 984 F.2d 11 , 12 &n.3 (1st Cir. 1993), and Narragansett Indian …
discussed Cited as authority (rule) PELLETIER v. DEPARTMENT OF CORRECTIONS
D. Me. · 2022 · confidence medium
DISCUSSION When evaluating a request for injunctive relief, courts “must consider (1) the likelihood of success on the merits; (2) the potential for irreparable harm if the injunction is denied; (3) the balance of relevant impositions, i.e., the hardship to the nonmovant if enjoined as contrasted with the hardship to the movant if no injunction issues; and (4) the effect (if any) of the court’s ruling on the public interest.” Ross–Simons of Warwick, Inc. v. Baccarat, Inc., 102 F.3d 12, 15 (1st Cir. 1996) (citing Weaver v. Henderson, 984 F.2d 11 , 12 &n.3 (1st Cir. 1993), and Narraganse…
discussed Cited as authority (rule) GLADU v. MAGNUSSON
D. Me. · 2022 · confidence medium
When evaluating a request for injunctive relief, a court “must consider (1) the likelihood of success on the merits; (2) the potential for irreparable harm if the injunction is denied; (3) the balance of relevant impositions, i.e., the hardship to the nonmovant if enjoined as contrasted with the hardship to the movant if no injunction issues; and (4) the effect (if any) of the court’s ruling on the public interest.” Ross–Simons of Warwick, Inc. v. Baccarat, Inc., 102 F.3d 12, 15 (1st Cir. 1996) (citing Weaver v. Henderson, 984 F.2d 11 , 12 & n.3 (1st Cir. 1993), and Narragansett Indian…
cited Cited as authority (rule) Jose Santiago Inc. v. Smithfield Foods, Inc.
D.P.R. · 2022 · confidence medium
Narragansett Indian Tribe v. Guilbert, 934 F.2d 4, 6 (1st Cir. 1991).
discussed Cited as authority (rule) Alabaykan Holding Company LLC v. Tobin & Company Securities LLC
D.P.R. · 2021 · confidence medium
At this stage, the Court’s determinations regarding the “likelihood” factor are only intended to constitute “statements of probable outcomes.” Narragansett Indian Tribe v. Guilbert, 934 F.2d 4, 6 (1st Cir. 1991).
discussed Cited as authority (rule) ADAMS v. MAGNUSSON
D. Me. · 2021 · confidence medium
(Motion, ECF No. 100.) When evaluating a request for injunctive relief, courts “must consider (1) the likelihood of success on the merits; (2) the potential for irreparable harm if the injunction is denied; (3) the balance of relevant impositions, i.e., the hardship to the nonmovant if enjoined as contrasted with the hardship to the movant if no injunction issues; and (4) the effect (if any) of the court’s ruling on the public interest.” Ross–Simons of Warwick, Inc. v. Baccarat, Inc., 102 F.3d 12, 15 (1st Cir. 1996) (citing Weaver v. Henderson, 984 F.2d 11 , 12 &n.3 (1st Cir. 1993), an…
discussed Cited as authority (rule) Akebia Therapeutics, Inc. v. Azar
1st Cir. · 2020 · confidence medium
See Ross-Simons, 102 F.3d at 16 (explaining that, at preliminary injunction stage, court of appeals "need not conclusively determine the merits of the underlying claims"); Narragansett Indian Tribe v. Guilbert, 934 F.2d 4, 6 (1st Cir. 1991) (cautioning that, at preliminary injunction stage, decisions "are to be understood as statements of probable outcomes" only).
discussed Cited as authority (rule) Sierra Club v. United States Army Corps of Engineers
W.D. Tex. · 2020 · confidence medium
Friends of Lydia Ann Channel v. United States Army Corps of Engineers, 701 F. App’x 352, 357 (5th Cir. 2017) (quoting Narragansett Indian Tribe v. Guilbert, 934 F.2d 4, 6 (1st Cir. 1991)). “[B]ecause ‘the court must decide whether the harm will in fact occur,’ a party seeking injunctive relief must ‘substantiate the claim of irreparable injury’ and ‘must show that the injury complained of is of such imminence that there is a clear and present need for equitable relief to prevent irreparable harm.” Sierra Club v. United States Army Corps of Engineers, 990 F. Supp. 2d 9, 39 (D.D.…
cited Cited as authority (rule) Pegasystems Inc. v. Appian Corporation
D. Mass. · 2020 · confidence medium
“Likelihood of success cannot be woven from the gossamer threads of speculation and surmise.” Narragansett Indian Tribe v. Guilbert, 934 F.2d 4, 6 (1st Cir. 1991).
discussed Cited as authority (rule) HINOTE v. JORDAN
D. Me. · 2019 · confidence medium
DISCUSSION When evaluating a request for injunctive relief, a court “must consider (1) the likelihood of success on the merits; (2) the potential for irreparable harm if the injunction is denied; (3) the balance of relevant impositions, i.e., the hardship to the nonmovant if enjoined as contrasted with the hardship to the movant if no injunction issues; and (4) the effect (if any) of the court’s ruling on the public interest.” Ross–Simons of Warwick, Inc. v. Baccarat, Inc., 102 F.3d 12, 15 (1st Cir. 1996) (citing Weaver v. Henderson, 984 F.2d 11 , 12 & n.3 (1st Cir. 1993), and Narragan…
cited Cited as authority (rule) Solmetex, LLC v. Dentalez, Inc.
D. Mass. · 2015 · confidence medium
Id. at 116 (quoting Narragansett Indian Tribe v. Guilbert, 934 F.2d 4, 6 (1st Cir.1991)).
discussed Cited as authority (rule) International Ass'n of Machinists & Aerospace Workers v. Verso Paper Corp. (2×) also: Cited "see"
D. Me. · 2015 · confidence medium
Narragansett Indian Tribe v. Guilbert, 934 F.2d 4, 6 (1st Cir.1991).
cited Cited as authority (rule) W Holding Company, Inc. v. AIG Insurance Company - Puerto
1st Cir. · 2014 · signal: cf. · confidence medium
Cf. generally Narragansett Indian Tribe v. Guilbert, 934 F.2d 4, 6 (1st Cir.1991) (talking in terms of “probability of success” (emphasis added)).
discussed Cited as authority (rule) Allman v. Padilla (2×)
D.P.R. · 2013 · confidence medium
See New Comm. Wireless Servs., Inc. v. SprintCom, Inc., 287 F.3d 1, 8-9 (1st Cir.2002); Ross-Simons of Warwick, Inc. v. Baccarat, Inc., 102 F.3d 12, 15 (1st Cir.1996); Narragansett Indian Tribe v. Guilbert, 934 F.2d 4, 5 (1st Cir.1991).
discussed Cited as authority (rule) Minard Run Oil Co. v. United States Forest Service
W.D. Pa. · 2012 · confidence medium
Corp., 74 F.3d 317, 322 (1st Cir.1996); Narragansett Indian Tribe v. Guilberb, 934 F.2d 4, 6 (1st Cir.1991)), “[t]he concern informing this caveat arises when we are asked to rule on the propriety of a district court’s grant of a preliminary injunction ... without benefit of full argument and a well-developed record,” id.
discussed Cited as authority (rule) Mercado-Salinas v. Bart Enterprises International, Ltd.
D.P.R. · 2012 · confidence medium
Discussion The court recognizes its preliminary interpretation of the Agreement (Docket No. 220) is not binding as to the meaning of the Agreement for a determination on the merits of the trademark infringement claims. “[A] court’s conclusions as to the merits of the issues presented on preliminary injunction are to be understood as statements of probable outcomes.” Narragansett Indian Tribe v. Guilbert, 934 F.2d 4, 6 (1st Cir.1991).
discussed Cited as authority (rule) Phippsburg Shellfish Conservation Commission v. United States Army Corps of Engineers
D. Me. · 2011 · confidence medium
With respect to this criterion, “a court’s conclusions as to the merits of the issues presented on preliminary injunction are to be understood as statements of probable outcomes.” Narragansett Indian Tribe v. Guilbert, 934 F.2d 4, 6 (1st Cir.1991).
discussed Cited as authority (rule) CAMILO v. Nieves
D.P.R. · 2011 · confidence medium
Further, it is well settled that to grant a preliminary injunction relief, plaintiff must prevail under the standard as set forth in Narragansett Indian Tribe v. Guilbert, 934 F.2d 4, 5 (1st Cir.1991): (1) likelihood of success on the merits; (2) irreparable injury; (3) the injury outweighs any harm inflicted on the respondent; (4) the public interest most not be adversely affected.
discussed Cited as authority (rule) Industrias Wet Line S.A. de C.V. v. Multy Brands Distributors, Corp.
D.P.R. · 2010 · confidence medium
Trading Corp., 443 F.3d 112, 115 (1st Cir.2006) (citing Ross-Simons of Warwick, Inc. v. Baccarat, Inc., 102 F.3d 12, 15 (1st Cir.1996); Narragansett Indian Tribe v. Guilbert, 934 F.2d 4, 5 (1st Cir.1991)).
cited Cited as authority (rule) Bear Republic Brewing Co. v. Central City Brewing Co.
D. Mass. · 2010 · confidence medium
See Weaver v. Henderson, 984 F.2d 11 , 12 & n. 3 (1st Cir.1993); Narragansett Indian Tribe v. Guilbert, 934 F.2d 4, 5 (1st Cir.1991).
cited Cited as authority (rule) Iron Mountain Information Management, Inc. v. Viewpointe Archive Services, LLC
D. Mass. · 2010 · confidence medium
See Weaver v. Henderson, 984 F.2d 11 , 12 & n. 3 (1st Cir.1993); Narragansett Indian Tribe v. Guilbert, 934 F.2d 4, 5 (1st Cir.1991).
discussed Cited as authority (rule) MOLINELLI-FREYTES v. University of Puerto Rico
D.P.R. · 2010 · confidence medium
Thus, the Court’s analysis of Plaintiffs’ request for a preliminary injunction should begin with the probability of success, as this “furcula [is] critical.” Narragansett Indian Tribe v. Guilbert, 934 F.2d 4, 6 (1st Cir.1991).
cited Cited as authority (rule) Chevron Puerto Rico, LLC v. Pérez-Rosado
D.P.R. · 2009 · confidence medium
Serv’s, Inc. v. Ricci, 192 F.3d 1 (1st Cir.1999); Narrar gansett Indian Tribe v. Guilbert, 934 F.2d 4, 5 (1st Cir.1991).
cited Cited as authority (rule) Copeca, Inc. v. Western Aviation Services Corp.
D.P.R. · 2009 · confidence medium
Serv’s, Inc. v. Ricci, 192 F.3d 1 (1st Cir.1999); Narragansett Indian Tribe v. Guilbert, 934 F.2d 4, 5 (1st Cir.1991).
cited Cited as authority (rule) United Automobile, Aerospace, Agricultural Implement Workers of America International Union v. Fortuño
D.P.R. · 2009 · confidence medium
Serv’s, Inc. v. Ricci, 192 F.3d 1 (1st Cir. 1999); Narragansett Indian Tribe v. Guilbert, 934 F.2d 4, 5 (1st Cir.1991).
cited Cited as authority (rule) AUTO., AERO., AGRI. IMPLEMENT WRKS. v. Fortuno
D.P.R. · 2009 · confidence medium
Serv's, Inc. v. Ricci, 192 F.3d 1 (1st Cir. *60 1999); Narragansett Indian Tribe v. Guilbert, 934 F.2d 4, 5 (1st Cir.1991).
cited Cited as authority (rule) SANTIAGO-SEPÚLVEDA v. Esso Standard Oil Co.
D.P.R. · 2009 · confidence medium
Narragansett Indian Tribe v. Guilbert, 934 F.2d 4, 5 (1st Cir.1991).
Retrieving the full opinion text from the archive…
NARRAGANSETT INDIAN TRIBE, Et Al., Plaintiffs, Appellants,
v.
Paul E. GUILBERT, Defendant, Appellee
91-1029.
Court of Appeals for the First Circuit.
May 30, 1991.
934 F.2d 4
John F. Killoy, Jr., Wakefield, for appellants., Bruce N. Goodsell, Westerly, for appel-lee.
Coffin, Cyr, Selya.
Cited by 259 opinions  |  Published
SELYA, Circuit Judge.

This is a civil action commenced by the Narragansett Indian tribe and certain members thereof, as class representatives, to protect tribal rights and property from threatened despoliation. The Tribe itself is[*5] federally acknowledged, 48 Fed.Reg. 6177-78 (1983), and constitutes a recognized tribe within the purview of 25 C.F.R. § 83.9(h) (1990). For convenience, we refer to the plaintiffs, collectively, as the Tribe.

I.

Background

The Narragansett Indians have inhabited lands within Rhode Island since time immemorial. Through the negotiated settlement of certain disputes, culminating in a Joint Memorandum of Understanding (JMU) signed in 1978, and the subsequent passage of federal and state statutes, see 25 U.S.C. §§ 1701-1716 (1983); R.I.Gen.Laws §§ 37-18-1 to 37-18-15 (1990), the Tribe acquired approximately eighteen hundred acres of real estate in or around 1979. The land is not contiguous but lies entirely within the municipal boundaries of Charlestown, Rhode Island. The land comprises what is known colloquially as the Narragansett Indian Reservation.

Defendant-appellee Paul E. Guilbert owns a parcel of land in Charlestown, the dimensions of which are roughly one hundred fifty feet by two hundred forty feet. He purchased the lot from a Narragansett Indian. It is zoned single-family residential. Guilbert wishes to build a house on it. He has received all state and local permits necessary for the planned construction.

The Tribe filed its complaint against Guilbert in federal district court on December 6, 1990, alleging that his property encroaches on the Reservation in various ways and seeking to enjoin the work. At that time, construction was already underway; Guilbert had cleared the site, laid the foundation, installed the septic system, and was about to place a modular home on the foundation. The district court granted an ex parte temporary restraining order and scheduled a prompt hearing on preliminary injunction. See Fed.R.Civ.P. 65. When the hearing concluded, the court ruled from the bench, denying the preliminary injunction and vacating the temporary restraining order. This appeal followed.

II.

The Preliminary Injunction Standard

To determine the appropriateness of granting or denying a preliminary injunction, we have instructed trial courts to use a quadripartite test, taking into account:

1. The likelihood of success on the merits;
2. The potential for irreparable injury;
3. A balancing of the relevant equities (most importantly, the hardship to the nonmovant if the restrainer issues as contrasted with the hardship to the mov-ant if interim relief is withheld); and
4. The effect on the public interest of a grant or denial of the restrainer.

See, e.g., Aoude v. Mobil Oil Corp., 862 F.2d 890, 892 (1st Cir.1988); Hypertherm, Inc. v. Precision Products, Inc., 832 F.2d 697, 699 & n. 2 (1st Cir.1987). In turn, “[w]e scrutinize a district court’s decision to grant or deny a preliminary injunction under a relatively deferential glass.” Independent Oil & Chem. Workers of Quincy, Inc. v. Procter & Gamble Mfg. Co., 864 F.2d 927, 929 (1st Cir.1988). Unless a mistake of law or an abuse of discretion is made manifest, we will not disturb the ruling below. See id.; Hyde Park Partners, L.P. v. Connolly, 839 F.2d 837, 842 (1st Cir.1988); Planned Parenthood League v. Bellotti, 641 F.2d 1006, 1009 (1st Cir.1981).

It is clear from the record before us that there has been no misapprehension of the correct legal standard. In deciding not to grant interim relief, the district court had the four-part test explicitly in mind. Indeed, the court specifically rested its ruling on the first two prongs of that test, finding both that the Tribe had “no reasonable probability of succeeding on the merits on the attempt to prevent the defendant from building on the lot” and that continued construction on Guilbert’s property would be unlikely to cause irreparable harm pen-dente lite. The proper rule of law having been applied, “[t]he only real question is whether the district court misused his discretion in evaluating the circumstances and[*6] calibrating the scales.” Procter & Gamble, 864 F.2d at 929.

m.

Likelihood of Success

Our analysis begins with probability of success, as we have often found this furcula to be critical. See, e.g., Public Service Co. v. West Newbury, 835 F.2d 380, 383 (1st Cir.1987); Lancor v. Lebanon Housing Auth., 760 F.2d 361, 362 (1st Cir. 1985)., We preface our observations by noting that a court’s conclusions as to the merits of the issues presented on preliminary injunction are to be understood as statements of probable outcomes. See, e.g., Jimenez Fuentes v. Torres Gaztambide, 807 F.2d 236, 238 (1st Cir.1986) (en banc), cert. denied, 481 U.S. 1014, 107 S.Ct. 1888, 95 L.Ed.2d 496 (1987); Bellotti, 641 F.2d at 1009. Thus, a party losing the battle on likelihood of success may nonetheless win the war at a succeeding trial on the merits.

To the extent that the plaintiffs’ claims are based on their assertion that defendant’s land is within, or abuts upon, the Reservation, we can extend no succor to them. For one thing, the district court, although recognizing certain ambiguities as to the boundaries of the area ceded to the Tribe, found as fact that Guilbert’s lot was outside the perimeters of the Reservation and that any aboriginal claims to the land had been extinguished by the settlement. For another thing, neither the relevant exhibit attached to the JMU nor the town assessor’s map corroborates the appellants’ claim. [1] Lastly, appellants’ counsel conceded in this court that he could not yet prove whether Guilbert’s land was actually tribal land.

On this chiaroscuro record, the court’s findings, abetted by appellants' concession, easily pass Rule 65 muster. Likelihood of success cannot be woven from the gossamer threads of speculation and surmise. The Tribe’s claim of a right to exercise civil authority over Guilbert’s land is, in this case, largely dependent on the situs of the property. See R.I.Gen.Laws § 37-18-10 (1990) (the Tribe’s land-use plan is to govern the use of property “owned and held" by the Tribé); see also Montana v. United States, 450 U.S. 544, 566, 101 S.Ct. 1245, 1258, 67 L.Ed.2d 493 (1981) (tribal authority covers “conduct of non-Indians on fee lands within its reservation”). [2] At this juncture, then, the preliminary finding that the land is located beyond the sphere of tribal suzerainty severely undercuts any suggested likelihood of success on the Tribe’s encroachment claims.

IV.

Irreparable Harm

The district court’s alternative ground for denying a preliminary injunction was equally solid. In cases involving real property, we have often found the irreparability of the injury to be of paramount concern. See, e.g., K-Mart Corp. v. Oriental Plaza, Inc., 875 F.2d 907, 914 (1st Cir.1989). The reason, of course, is that “[r]eal estate has long been thought unique, and thus, injuries to real estate interests frequently come within the ken of the chancellor.” Id. at 915. Be that as it may, irreparable harm is not assumed; it must be demonstrated. And even where real property is involved, “[sjpeculative injury does not con[*7] stitute a showing of irreparable harm.” Public Service, 835 F.2d at 383.

In this instance, the court below was satisfied that the possibility of irreparable damage to the Reservation or to any of the other claimed property rights was very faint. There had already been extensive site preparation work on the property, including the cutting of trees and clearing of underbrush, the excavation for the house’s foundation, and the invasive work incident to the installation of a septic system. In other words, the parcel of land had already undergone significant transformation. The Tribe failed to particularize in any meaningful way how further progress, up to and including the actual completion, or even occupancy, of the dwelling, would wreak harm less readily repairable than that which had already transpired. Given two additional opportunities, in appellate briefing and at oral argument before us, the Tribe remained wholly unable to make the conceptual case for irreparable injury. Hence, the district court's finding must stand. [3]

V.

Miscellaneous Theories

We find none of the Tribe’s remaining claims sufficient to compel reversal of the order below. We address the three principal claims briefly.

1. Rights-of-Way. The plaintiffs claim that Guilbert is using an exclusive tribal right-of-way, Indian Church Road, without their consent. The lower court found, supportably, that the plaintiffs had not proven that the right-of-way was exclusive. Moreover, there is not a scintilla of evidence that Guilbert’s use of the roadway conflicts with the Tribe’s use, or that Guil-bert intends to obstruct or avail himself of the right-of-way in any manner that would injure the trail or impede its utility. Absent a showing of likelihood of success on the merits (in this instance, exclusivity) and proof of interim harm, preliminary injunc-tive relief was not exigible on this ground.

2. Water Rights. The plaintiffs argue that construction and occupation of the dwelling, well, and septic system will adversely impact the Tribe’s reserved water rights and degrade the quality of the Reservation’s water supply. The charge is plucked out of thin air, without any foundation in the record. The septic system design was approved by the Rhode Island Department of Environmental Management and was installed in accordance with rigorous requirements under a state permit. There is no proof that the system, when activated, will cause any contamination of the Reservation’s groundwater. There is, equally, an absence of proof that defendant’s well will significantly deplete the Tribe’s substantial underground water resources. Last but not least, it is problematic whether the planned dwelling will be ready for habitation before this case is tried on the merits. It follows, we think, that the Tribe was not entitled to a preliminary injunction on this basis.

3. Archaeology. At oral argument, the Tribe’s attorney also asserted that the preliminary injunction should have issued to protect Indian artifacts on the site. The short answer to this assertion is that the plaintiffs’ brief on appeal does not advance it in any meaningful way. “It is settled in this circuit that issues adverted to on appeal in a perfunctory manner, unaccompanied by some developed argumentation, are deemed to have been abandoned.” Ryan v. Royal Ins. Co., 916 F.2d 731, 734 (1st Cir.1990). [4] There is also a slightly longer, but[*8] equally conclusive, answer to the plaint. On the record below, there was no compelling reason to believe that artifacts of historical significance existed on the Guilbert property. On this issue, the Tribe has shown neither probability of success nor irreparable harm.

VI.

Conclusion

We need go no further. [5] The district court gave careful consideration to a matter of some complexity. It weighed the evidence, made specific findings, and resolved the question of injunctive relief in accordance with the proper legal standard. There is no principled basis on which we can disturb its exercise of discretion. See Procter & Gamble, 864 F.2d at 929 (no abuse of discretion in denying preliminary injunction unless “a material factor deserving significant weight is ignored, ... an improper factor is relied upon, or ... all proper and no improper factors are assessed, but the court makes a serious mistake in weighing them”). In affirming the order, however, we also award appellee double costs, see Fed.R.App.P. 38, the award to run against appellants and their attorney. Hope may spring eternal, but the decision to pursue an interlocutory appeal should be based on the law and the evidence, realistically viewed after diligent inquiry, not merely on dissatisfaction with a legally unremarkable result or on a Leib-nitzian assessment of a litigant’s prospects.

Affirmed. Double costs.

1

. The so-called Land Use Plan for Narragansett Indian Land Claim Settlement Area (LUPNI), prepared for the Tribe by Rhode Island's state planning office, does lend arguable support to the plaintiffs’ contention. This plan, however, was never meant to afford a precise delineation of the Reservation. Rather, it employs “approximate boundaries" and, as to those boundaries, is "regarded as tentative" by its authors. LUPNI at 1-3. A more definitive cadastral survey, long contemplated, has yet to be completed. Under the circumstances, we will not second-guess the lower court’s decision to treat the other available maps as more authoritative than Figure 1-2 of the LUPNI.

2

. Tribal authority has also been held to extend to the regulation of “the activities of nonmembers who enter consensual relationships with the tribe or its members, through commercial dealing, contracts, leases, or other arrangements.” Montana, 450 U.S. at 565, 101 S.Ct. at 1258; see also Duro v. Reina, — U.S. -, 110 S.Ct. 2053, 2061, 109 L.Ed.2d 693 (1990). No such relationship is implicated here.

3

. Of course, should the plaintiffs ultimately prevail on their claim, the trial court will have available the remedial option of prescribing in-junctive relief at that time and ordering that the house be razed and the land restored. See K-Mart, 875 F.2d at 914-16 (upholding order for demolition of completed building and discussing the circumstances when equitable relief of that nature may be appropriate).

4

. The asseveration about artifacts appears to be an antiquarian afterthought in more ways than one. The only evidence remotely touching upon artifacts was offered below not in an attempt to prove the likelihood of a significant archaeological find, but in an unsuccessful effort to show that the Guilbert property had, historically, been occupied by Indians. In arguing to the district court at the conclusion of the hearing on preliminary injunction, plaintiffs’[*8] counsel claimed that the defendant’s project, if not halted, "would infringe upon [plaintiffs'] right as a sovereign, their water rights and their rights-of-way; and ... it would infringe upon [plaintiffs’] boundary rights." He did not breathe a word about artifacts or the like. The point was, therefore, doubly waived. See Clauson v. Smith, 823 F.2d 660, 666 (1st Cir.1987) (arguments not pressed below cannot be raised on appeal) (listing numerous First Circuit cases to like effect).

5

. The defendant, relying upon cases such as Carson v. American Brands, Inc., 450 U.S. 79, 101 S.Ct. 993, 67 L.Ed.2d 59 (1981), and Chronicle Pub. Co. v. Hantzis, 902 F.2d 1028 (1st Cir. 1990), argues that we lack jurisdiction to hear this appeal under 28 U.S.C. § 1292(a)(1). We need not decide the point. It is, after all, a "familiar principle that where an appeal presents a difficult jurisdictional issue, yet the substantive merits underlying the issue are facilely resolved in favor of the party challenging jurisdiction, the jurisdictional inquiry may be avoided.” Kotler v. American Tobacco Co., 926 F.2d 1217, 1221 (1st Cir.1990) (citing relevant precedents).