(a) The prosecuting attorney or a citizen of the county or municipality where a common or public nuisance, as defined in § 5-64-803, is located may maintain a suit in the name of the state to abate and perpetually enjoin the common or public nuisance.
(b) A circuit court has jurisdiction over the suit.
(c) An injunction may be granted at the commencement of the suit and no bond is required if the action for injunction is brought by the prosecuting attorney.
(d) If the suit for injunction is brought or maintained by a citizen of the county or municipality where the common or public nuisance is alleged to be located, then the circuit court may require a bond as in any other case of injunction.
(e) On the finding that the material allegations of the complaint are true, the circuit court or judge of the circuit court in vacation shall order the injunction for such period of time as the circuit court or judge may think proper, with the right to dissolve the injunction upon the application of the owner of the place if a proper case is shown for the dissolution.
(f) The continuance of the injunction as provided in this section may be ordered, although the place complained of may not at the time of hearing be unlawfully used.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal insurance products you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with access to legal services through a network of provider law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our provider law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your provider law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal insurance products, and access to the LegalFix network of provider law firms are subject to the LegalFix Terms of Service and Privacy Policy.
