Section 52-406 – RIGHT TO POSSESSION OF REAL PROPERTY AND PERSONAL PROPERTY AFTER HEARING ON THE TEMPORARY INJUNCTION — CONDITIONS FOR AVOIDANCE OF TEMPORARY FORFEITURE.
52-406. RIGHT TO POSSESSION OF REAL PROPERTY AND PERSONAL PROPERTY AFTER HEARING ON THE TEMPORARY INJUNCTION — CONDITIONS FOR AVOIDANCE OF TEMPORARY FORFEITURE. If upon hearing, the allegations of the complaint are sustained by clear and convincing evidence that a moral nuisance exists and is likely to continue in the absence of injunctive relief, the […]
Section 52-407 – RIGHT TO POSSESSION OF REAL PROPERTY AND PERSONAL PROPERTY AFTER FINDING OF PUBLIC NUISANCE — CONDITIONS FOR REENTRY AND REPOSSESSION.
52-407. RIGHT TO POSSESSION OF REAL PROPERTY AND PERSONAL PROPERTY AFTER FINDING OF PUBLIC NUISANCE — CONDITIONS FOR REENTRY AND REPOSSESSION. The owner of any real or personal property to be closed or restrained, or which has been closed or restrained, may appear between the filing of the complaint and the hearing on the application […]
Section 52-408 – PRIORITY OF ACTION.
52-408. PRIORITY OF ACTION. The action provided for in this chapter shall be set down for trial within ninety (90) days and shall have precedence over all other cases except crimes, election contests, or injunctions. History: [52-408, added 1976, ch. 82, sec. 4, p. 278; am. 1982, ch. 271, sec. 2, p. 703.]
Section 52-409 – EVIDENCE.
52-409. EVIDENCE. In such action, an admission or finding of guilty of any person under the criminal laws against lewdness, prostitution, or assignation at any such place, is admissible for the purpose of proving the existence of said nuisance, and is prima facie evidence of such nuisance and of knowledge of, and of acquiescence and […]
Section 52-410 – EVIDENCE OF REPUTATION ADMISSIBLE.
52-410. EVIDENCE OF REPUTATION ADMISSIBLE. At all hearings upon the merits, evidence of the general reputation of the building or place constituting the alleged nuisance, of the inmates thereof, and of those resorting thereto, is admissible for the purpose of proving the existence of such nuisance. History: [52-410, added 1976, ch. 82, sec. 4, p. […]
Section 52-411 – COSTS.
52-411. COSTS. If the action is brought by a private person and the court finds that there were no reasonable grounds or probable cause for bringing said action, and the case is dismissed for that reason before trial, or if the action is dismissed for want of prosecution, the costs may be taxed to such […]
Section 52-412 – CONTENT OF FINAL JUDGMENT AND ORDER.
52-412. CONTENT OF FINAL JUDGMENT AND ORDER. If the existence of a nuisance is admitted or established in an action as provided for in this chapter, an order of abatement shall be entered as a part of the judgment in the case, which order shall direct the removal from the place of all personal property […]