Action by prosecuting official; actions by other persons
Sec. 7. (a) If an indecent nuisance exists, a prosecuting official or
any resident of the county in which the indecent nuisance exists may
bring an action to abate the indecent nuisance and to perpetually
enjoin the maintenance of the indecent nuisance.
(b) If a person other than a prosecuting official institutes an action
under this chapter, the complainant shall execute a bond to the
person against whom complaint is made, with good and sufficient
surety to be approved by the court or clerk in a sum of at least one
thousand dollars ($1,000) to secure to the party enjoined the damages
the party may sustain if:
(1) the action is wrongfully brought;
(2) the action is not prosecuted to final judgment;
(3) the action is dismissed;
(4) the action is not maintained; or
(5) it is finally decided that the injunction ought not to have
been granted.
The party aggrieved by the issuance of the injunction has recourse
against the bond for all damages suffered, including damages to the
aggrieved party's property, person, or character and including
reasonable attorney's fees incurred in defending the action.
(c) A person who institutes an action and executes a bond may
recover the bond and reasonable attorney's fees incurred in trying the
action if the existence of an indecent nuisance is admitted or
established in an action as provided in this chapter.
(d) If a prosecuting official institutes an action under this chapter
(or IC 34-1-52.5 or IC 34-19-2 before their repeal) and the existence
of an indecent nuisance is admitted or established in the action, the
governmental entity that employs the prosecuting official is entitled
to all reasonable attorney's fees incurred by the entity in instituting
the action. The fees shall be deposited in:
(1) the state general fund, if the action is instituted by the
attorney general;
(2) the operating budget of the office of the prosecuting
attorney, if the action is instituted by a prosecuting attorney;
(3) the operating budget of the office of the corporation counsel
or city attorney, if the action is instituted by a corporation
counsel or city attorney; or
(4) the county general fund, if the action is instituted by an
attorney representing the county.
As added by P.L.2-2002, SEC.15.
Last modified: May 24, 2006