HOUSE BILL No. 5134


     November 10, 1999, Introduced by Rep. Schermesser and referred to the Committee on
Constitutional Law and Ethics.


        A bill to amend 1961 PA 236, entitled

   "Revised judicature act of 1961,"

   by amending section 3805 (MCL 600.3805).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 3805.  (1) The attorney general of the state of

 2    Michigan  ,  OR the prosecuting attorney or any
             citizen of the

 3    county  ,  may maintain an action for equitable
             relief in the

 4    name of the state of Michigan, upon the relation of  such
              THE

 5    attorney general, prosecuting attorney, or citizen to abate

 6     said  THE nuisance and to perpetually enjoin
              any person, his  A

 7    PERSON OR HIS OR HER servant, agent, or employee, who  shall
             own,

 8     lease, conduct or maintain such  OWNS, LEASES,
                       CONDUCTS, OR MAIN-

 9    TAINS A building, vehicle, boat, aircraft, or place  ,
              DESCRIBED

10    IN SECTION 3801 from permitting or suffering  such 
             THAT

11    building, vehicle, boat, or aircraft or place owned, leased,


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 1    conducted, or maintained by him OR HER, or any other building,

 2    vehicle, boat, aircraft or place conducted or maintained by him

 3    OR HER, to be used for any of the purposes PROSCRIBED, or by any

 4    of the persons  set forth  DESCRIBED, in section
             3801  ,  or for

 5    any of the acts enumerated in  said  section 3801. 
             When the

 6    injunction has been granted, it shall be binding on the defendant

 7    throughout the judicial circuit in which it was issued.

 8         (2) A PRIVATE CITIZEN OF THE COUNTY WHO BRINGS AN ACTION TO

 9    ABATE A NUISANCE UNDER THIS CHAPTER, AND IN WHOSE FAVOR THE COURT

10    RENDERS AN ORDER OR JUDGMENT, MAY BE AWARDED HIS OR HER REASON-

11    ABLE ATTORNEY FEE FOR THE PROSECUTION OF THE ACTION.


































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