Section 52-402 – WHO MAY MAINTAIN ACTION.
52-402. WHO MAY MAINTAIN ACTION. The attorney general, prosecuting attorney, or any private resident citizen of the county may maintain an action of an equitable nature, as relator, in the name of the state of Idaho, to abate a moral nuisance, perpetually to enjoin all persons from maintaining the same, and to enjoin the use […]
Section 52-403 – PLEADINGS — JURISDICTION — VENUE — APPLICATION FOR TEMPORARY INJUNCTION.
52-403. PLEADINGS — JURISDICTION — VENUE — APPLICATION FOR TEMPORARY INJUNCTION. The action, provided for in this chapter, shall be brought in any court of competent jurisdiction in the county in which the property is located. Such action shall be commenced by the filing of a verified complaint alleging the facts constituting the nuisance. After […]
Section 52-404 – ORDER RESTRAINING REMOVAL OF PERSONAL PROPERTY FROM PREMISES — SERVICE — PUNISHMENT.
52-404. ORDER RESTRAINING REMOVAL OF PERSONAL PROPERTY FROM PREMISES — SERVICE — PUNISHMENT. Where such application for a temporary injunction is made, the court may, on application of the complainant showing good cause, issue an ex parte restraining order, restraining the defendant and all other persons from removing or in any manner interfering with the […]
Section 52-405 – NOTICE OF HEARING ON TEMPORARY INJUNCTION — CONSOLIDATION.
52-405. NOTICE OF HEARING ON TEMPORARY INJUNCTION — CONSOLIDATION. A copy of the complaint, together with a notice of the time and place of the hearing of the application for a temporary injunction, shall be served upon the defendant at least five (5) days before such hearing. The place may also be served by posting […]
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 […]