REVISED JUDICATURE ACT OF 1961
Act 236 of 1961
600.3805 Action to abate; parties.
Sec. 3805.
The attorney general, the prosecuting attorney or any resident of the county in which a nuisance described in section 3801 is located, or a city, village, or township attorney for the city, village, or township in which the nuisance is located may maintain an action for equitable relief in the name of the state of Michigan, on the relation of the attorney general, prosecuting attorney, resident, or city, village, or township attorney to abate the nuisance and to perpetually enjoin any person, or a servant, agent, or employee of the person, who owns, leases, conducts, or maintains the building, vehicle, boat, aircraft, or place from permitting or suffering the building, vehicle, boat, aircraft, or place owned, leased, conducted, or maintained by the person, or any other building, vehicle, boat, aircraft, or place conducted or maintained by the person to be used for any of the purposes or acts or by any of the persons described in section 3801. After an injunction is granted under this section it is binding on the defendant throughout this state.
History: 1961, Act 236, Eff. Jan. 1, 1963 ;-- 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 4× “9 extent that it is carried out in accordance with [the MMMA],”34 the MMMA controls whether defendants’ business constitutes a public nuisance.”
State Ex Rel. Oakland Prosecuting Attorney v. Alray Northcrest Plaza, 381 N.W.2d 731 (Mich. Ct. App. 1985).
· cites it 4× “) Any such nuisance may be permanently abated pursuant to the Michigan "padlock law", MCL 600.3805; MSA 27A.3805. Plaintiff contends that the disorderly persons referred to in the above-cited public nuisance statute, MCL 600.”
State Ex Rel Oakland Prosecuting Attorney v. Weaver, 254 N.W.2d 68 (Mich. Ct. App. 1977).
“The sole issue on appeal is whether the statutory cause of action under MCLA 600.3805; MSA 27A.3805 requires allegation and proof of the owner’s knowledge of, or acquiescence in, the alleged acts of prostitution on his premises.”
Hadfield v. Oakland Cnty. Drain Comm'r, 422 N.W.2d 205 (Mich. 1988).
· cites it 2× “Under the public nuisance act, the Attorney General, prosecuting attorneys, and citizens are empowered to bring actions to abate activities defined as public nuisances.”
Horton v. City of Kalamazoo, 264 N.W.2d 128 (Mich. Ct. App. 1978).
“Defendant city, through its city commission, furnished legal counsel to defendant Fouts, a city police officer, and agreed to pay his costs in three actions brought by Fouts in the name of the state under the padlock law, MCLA 600.3805; MSA 27A.3805, to abate public nuisances.”
Charter Twp. of Ypsilanti v. Mouhanad Dahabra (Mich. Ct. App. 2021).
· cites it 5× “APPLICATION OF THE NUISANCE ABATEMENT STATUTES 9 After defendant was given the opportunity to speak and neither the trial court nor plaintiff responded to his statement, the trial court rendered its ruling and the following colloquy occurred: Defendant: Excuse me.”
Charter Twp. of Ypsilanti v. Mouhanad Dahabra (Mich. Ct. App. 2021).
· cites it 5× “APPLICATION OF THE NUISANCE ABATEMENT STATUTES 9 After defendant was given the opportunity to speak and neither the trial court nor plaintiff responded to his statement, the trial court rendered its ruling and the following colloquy occurred: Defendant: Excuse me.”
Preyde One LLC v. Glasers Lumber (Mich. Ct. App. 2020).
· cites it 3× “Based on a plain reading of the second amended complaint, it is clear that none of the allegedly negligent acts and omissions are unrelated to the professional services rendered in this case. Preyde One argues that because it does not have a contractual relationship with Hoffman…”
— Mich. Comp. Laws § 600.3805(13) — 1 case
Preyde One LLC v. Glasers Lumber (Mich. Ct. App. 2020).
“Based on a plain reading of the second amended complaint, it is clear that none of the allegedly negligent acts and omissions are unrelated to the professional services rendered in this case. Preyde One argues that because it does not have a contractual relationship with Hoffman…”
— Mich. Comp. Laws § 600.3805(3) — 1 case
Preyde One LLC v. Glasers Lumber (Mich. Ct. App. 2020).
“Based on a plain reading of the second amended complaint, it is clear that none of the allegedly negligent acts and omissions are unrelated to the professional services rendered in this case. Preyde One argues that because it does not have a contractual relationship with Hoffman…”
— Mich. Comp. Laws § 600.3805(8) — 1 case
Preyde One LLC v. Glasers Lumber (Mich. Ct. App. 2020).
“Based on a plain reading of the second amended complaint, it is clear that none of the allegedly negligent acts and omissions are unrelated to the professional services rendered in this case. Preyde One argues that because it does not have a contractual relationship with Hoffman…”
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