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 6-5-155.9 – Previous Conviction Not Required.
Section 6-5-155.9 Previous conviction not required. A previous conviction of the defendant, or anyone, shall not be required to demonstrate a drug-related nuisance. (Acts 1996, No. 96-566, p. 849, §10.)
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, […]
Section 6-5-156 – Security Bond.
Section 6-5-156 Security bond. No security bond shall be required to issue a preliminary injunction or temporary restraining order sought by the Attorney General, district attorney, or an attorney appearing for the county or municipality. Otherwise, at the discretion of the court, a security bond may be required to issue a preliminary injunction or temporary […]
Section 6-5-150 – Grant and Effect of Permanent Injunction.
Section 6-5-150 Grant and effect of permanent injunction. If upon the final hearing the allegations are sustained to the satisfaction of the court or judge, the court or judge shall enter a judgment restraining the defendants and all other persons from continuing the nuisance. When any injunction has been granted, it shall be binding on […]
Section 6-5-156.1 – Evidence of General Reputation of Property.
Section 6-5-156.1 Evidence of general reputation of property. In an action brought under this division, evidence of the general reputation of the property of the defendant shall be admissible for the purpose of proving a drug-related nuisance, and for the purpose of proving the knowledge of the defendant of the drug-related nuisance. (Acts 1996, No. […]
Section 6-5-123 – Public Nuisances – Special Damage to Individual.
Section 6-5-123 Public nuisances – Special damage to individual. If a public nuisance causes a special damage to an individual in which the public does not participate, such special damage gives a right of action. (Code 1907, §5197; Code 1923, §9275; Code 1940, T. 7, §1086.)
Section 6-5-124 – Right of Action for Private Nuisance.
Section 6-5-124 Right of action for private nuisance. A private nuisance may injure either the person or property, or both, and in either case a right of action accrues. (Code 1907, §5198; Code 1923, §9276; Code 1940, T. 7, §1087.)
Section 6-5-125 – Injunction Before Completion.
Section 6-5-125 Injunction before completion. Where the consequences of a nuisance about to be erected or commenced will be irreparable in damages and such consequences are not merely possible but to a reasonable degree certain, a court may interfere to arrest a nuisance before it is completed. (Code 1907, §5195; Code 1923, §9273; Code 1940, […]
Section 6-5-126 – Rights and Responsibilities of Alienees for Continuance.
Section 6-5-126 Rights and responsibilities of alienees for continuance. The alienee of a person owning the property injured may commence an action for a continuance of the nuisance, and the alienee of the property causing the nuisance is responsible for a continuance of the same. In the latter case, there must be a request to […]