Section 6-5-140 – Definitions.
Section 6-5-140 Definitions. For the purposes of this division, the following terms shall have the meanings respectively ascribed to them by this section: (1) PLACE. Any building, erection, or place, any separate part or portion thereof or the ground itself. (2) PERSON. Any individual, corporation, association, partnership, trustee, lessee, agent, or assignee. (3) NUISANCE. Any […]
Section 6-5-141 – Who Deemed Guilty of Maintaining Nuisance.
Section 6-5-141 Who deemed guilty of maintaining nuisance. Any person who shall use, occupy, establish, or conduct a nuisance, as defined in Section 6-5-140, or aid or abet therein, and the owner, agent, or lessee of any interest in any such nuisance, together with the person employed in or in control of any such nuisance […]
Section 6-5-142 – By Whom Action to Abate and Perpetually Enjoin Nuisance Commenced.
Section 6-5-142 By whom action to abate and perpetually enjoin nuisance commenced. Whenever a nuisance exists, the Attorney General of the state, the district attorney or assistant district attorney, or any citizen or citizens may commence an action in the name of the State of Alabama, upon the relation of such Attorney General or such […]
Section 6-5-143 – Venue; Filing of Complaint; Application for Preliminary Injunction.
Section 6-5-143 Venue; filing of complaint; application for preliminary injunction. (a) Such action shall be commenced in the circuit court of the county in which the property is located. (b) At or before the commencement of the action, a verified copy of the complaint alleging the facts constituting the nuisance shall be filed in the […]
Section 6-5-144 – Bond for Preliminary Injunction or Temporary Restraining Order Prior to Hearing.
Section 6-5-144 Bond for preliminary injunction or temporary restraining order prior to hearing. No preliminary injunction or temporary restraining order shall be issued before hearing in any action commenced by a citizen or citizens under the provisions of this division unless such citizen or citizens have made bond in such sum as may be fixed […]
Section 6-5-145 – Issuance and Return of Temporary Restraining Order; Return of Inventory; Contempt for Violation of Restraining Order.
Section 6-5-145 Issuance and return of temporary restraining order; return of inventory; contempt for violation of restraining order. (a) Where such application for a preliminary injunction has been made, the court or judge thereof may, on the application of the plaintiff, issue an ex parte temporary restraining order, restraining the defendants and all other persons […]
Section 6-5-146 – Service of Complaint on and Answer by Defendants; Granting of Preliminary Injunction.
Section 6-5-146 Service of complaint on and answer by defendants; granting of preliminary injunction. (a) A copy of the complaint, together with a notice of the time and place of the hearing of the application for a preliminary injunction, shall be served upon the defendants at least five days before such hearing. If the hearing […]
Section 6-5-147 – Closing Place Pending Final Decision – Order.
Section 6-5-147 Closing place pending final decision – Order. (a) If on the hearing for a preliminary injunction it shall appear that the person owning, in control, or in charge of the nuisance so enjoined has received five days’ notice of the hearing, then, unless such person shall show to the satisfaction of the court […]
Section 6-5-149 – Precedence of Action Over Other Cases; Evidence; Dismissal of Action; Continuance; Costs; Judgment.
Section 6-5-149 Precedence of action over other cases; evidence; dismissal of action; continuance; costs; judgment. (a) The action, when commenced, shall have precedence over all other cases except injunctions. (b) In such action, evidence of the general reputation of the place or any admission or finding of guilt of any person under the original laws […]
Section 6-5-148 – Closing Place Pending Final Decision – Release of Property on Bond.
Section 6-5-148 Closing place pending final decision – Release of property on bond. The owner or owners of any real property or personal property closed or restrained, or to be closed or restrained, may appear at any time between the filing of the complaint and the hearing of the application for a permanent injunction, and, […]