Preliminary injunction; burden of proof; temporary forfeiture;
closure pending final decision on permanent injunction
Sec. 12. (a) If the plaintiff has applied for a preliminary injunction
under section 9(a) of this chapter and, at the preliminary injunction
hearing, the plaintiff proves by a preponderance of the evidence that
the indecent nuisance exists as alleged in the complaint, the court
shall issue a preliminary injunction, without additional bond,
restraining the defendant and any other person from continuing the
indecent nuisance.
(b) If a defendant is enjoined under subsection (a) and it appears
that the person owning, in control of, or in charge of the indecent
nuisance received five (5) days notice of the hearing, the court shall:
(1) declare a temporary forfeiture of the use of the real property
upon which the indecent nuisance is located and the personal
property located at the site; and
(2) immediately issue an order closing the place against its use
for any purpose until a final decision is rendered on the
application for a permanent injunction;
unless the person owning, in control of, or in charge of the indecent
nuisance shows to the satisfaction of the court, by competent and
admissible evidence subject to cross-examination, that the indecent
nuisance complained of has been abated by the person.
As added by P.L.2-2002, SEC.15.
Last modified: May 24, 2006