REVISED JUDICATURE ACT OF 1961
Act 236 of 1961
600.3801 Nuisance; injunction; abatement; guilt; "controlled substance" defined.
Sec. 3801.
(1) A building, vehicle, boat, aircraft, or place is a nuisance if 1 or more of the following apply:
(a) It is used for the purpose of lewdness, assignation, prostitution, or gambling.
(b) It is used by, or kept for the use of, prostitutes or other disorderly persons.
(c) It is used for the unlawful manufacture, transporting, sale, keeping for sale, bartering, or furnishing of a controlled substance.
(d) It is used for the unlawful manufacture, transporting, sale, keeping for sale, bartering, or furnishing of vinous, malt, brewed, fermented, spirituous, or intoxicating liquors or mixed liquors or beverages, any part of which is intoxicating.
(e) It is used for conduct prohibited by section 49 of the Michigan penal code, 1931 PA 328, MCL 750.49.
(f) It is used for conduct prohibited by chapter LXVIIA of the Michigan penal code, 1931 PA 328, MCL 750.462a to 750.462h.
(g) It is used to facilitate armed violence in connection with the unlawful use of a firearm or other dangerous weapon.
(2) All furniture, fixtures, and contents of a building, vehicle, boat, aircraft, or place described in subsection (1) and all intoxicating liquors in the building, vehicle, boat, aircraft, or place are also declared a nuisance.
(3) All controlled substances and nuisances shall be enjoined and abated as provided in this act and the court rules.
(4) A person, or a servant, agent, or employee of the person, who owns, leases, conducts, or maintains a building, vehicle, or place described in subsection (1) is guilty of a nuisance.
(5) As used in this section, "controlled substance" means that term as defined in section 7104 of the public health code, 1978 PA 368, MCL 333.7104.
History: 1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1988, Act 2, Eff. Apr. 1, 1988 ;-- Am. 2012, Act 352, Imd. Eff. Dec. 13, 2012 ;-- Am. 2014, Act 387, Eff. Mar. 18, 2015
Notes of Decisions
State of Michigan v. Mcqueen, 828 N.W.2d 644 (Mich. 2013).
· cites it 15× “Under MCL 600.3801, any building used for the unlawful manufacture, transporting, sale, keeping for sale, bartering, or furnishing of any controlled substance as defined in MCL 333.”
State Ex Rel. Wayne Cnty. Prosecuting Attorney v. Levenburg, 280 N.W.2d 810 (Mich. 1979).
· cites it 12× “We granted leave in these consolidated cases to decide whether proof that numerous instances of accosting and soliciting for purposes of prostitution occurred at certain places is sufficient to sustain a finding that such places constitute a public nuisance subject to abatement…”
Michigan Ex Rel Wayne Cnty. Prosecutor v. Bennis, 527 N.W.2d 483 (Mich. 1994).
· cites it 16× “In this case, we are required to construe various aspects of the nuisance abatement *722 statute, MCL 600.3801; MSA 27A.3801. [1] Specifically, we must decide whether an act of prostitution was consummated absent proof that money was exchanged.”
Randy Alman v. Kevin Reed, 703 F.3d 887 (6th Cir. 2013).
· cites it 2× “The acknowledgment letter that Barnes signed upon paying the fee states: “The Wayne County Prosecutor’s Office has explained to the understanding [sic] owner(s) his/her/their right to contest the abatement of the vehicle pursuant to MCL 600.3801 et seq. and the undersigned…”
Ter Beek v. City of Wyoming, 846 N.W.2d 531 (Mich. 2014).
· cites it 2× “In McQueen , this Court held that, because the defendants’ business, a medical marijuana dispensary, was not being operated in accordance with the MMMA, it was properly enjoined as a public nuisance under MCL 600.3801. 7 McQueen, 493 Mich at 140.”
Bennis v. Michigan, 516 U.S. 442 (1996).
· cites it 2× “" Mich. Comp. Laws Ann. § 600.3801 (West Supp.”
— Mich. Comp. Laws § 600.3801(1) — 1 case
— Mich. Comp. Laws § 600.3801(1)(a) — 3 cases
— Mich. Comp. Laws § 600.3801(1)(c) — 5 cases
State of Michigan v. Mcqueen, 828 N.W.2d 644 (Mich. 2013).
“Under MCL 600.3801, any building used for the unlawful manufacture, transporting, sale, keeping for sale, bartering, or furnishing of any controlled substance as defined in MCL 333.”
— Mich. Comp. Laws § 600.3801(1)(g) — 2 cases
— Mich. Comp. Laws § 600.3801(g) — 2 cases
— Mich. Comp. Laws § 600.3801(l)(c) — 1 case
Ter Beek v. City of Wyoming, 846 N.W.2d 531 (Mich. 2014).
“In McQueen , this Court held that, because the defendants’ business, a medical marijuana dispensary, was not being operated in accordance with the MMMA, it was properly enjoined as a public nuisance under MCL 600.3801. 7 McQueen, 493 Mich at 140.”
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