Bosarge v. State Ex Rel. Price

666 So. 2d 485, 1995 WL 702780
CourtMississippi Supreme Court
DecidedNovember 30, 1995
Docket92-CA-00672-SCT
StatusPublished
Cited by1 cases

This text of 666 So. 2d 485 (Bosarge v. State Ex Rel. Price) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bosarge v. State Ex Rel. Price, 666 So. 2d 485, 1995 WL 702780 (Mich. 1995).

Opinion

666 So.2d 485 (1995)

Ronald BOSARGE, d/b/a The Pines Club
v.
STATE of Mississippi, ex rel. Joe PRICE, Sheriff of Harrison County, ex rel. Bob Payne, County Prosecuting Attorney for Harrison County, Mississippi.

No. 92-CA-00672-SCT.

Supreme Court of Mississippi.

November 30, 1995.

James K. Wetzel, Joy Harrison Goundas, Gulfport, for appellant.

Margaret Alfonso, Gulfport, for appellee.

Before HAWKINS, C.J., and SULLIVAN and SMITH, JJ.

SMITH, Justice, for the Court:

Ronald and Linda Bosarge co-owned and operated the Pines Club which had developed a reputation and a careless practice of serving alcohol to minors. After repeated unsuccessful attempts by law enforcement officers to control the situation, the State of Mississippi brought a bill of complaint in the Chancery Court of Harrison County to abate a *486 nuisance by requesting a permanent injunction, which the lower court granted.

Aggrieved, Bosarge appeals to this Court raising the following issues:

I. WHETHER THE PINES CLUB CONSTITUTED A NUISANCE FOR THE PURPOSES OF ISSUING AN INJUNCTION AGAINST ITS OPERATION.
II. WHETHER THE BOND WAS EXCESSIVE AND VAGUE AND OVERBROAD SO AS TO BE UNENFORCEABLE.
III. WHETHER THE TRIER ERRED IN INCLUDING CERTAIN TESTIMONY.

We find only Issue I concerning whether the Pines Club constituted a nuisance sufficient for the chancellor to issue the permanent injunction warrants discussion by the Court. Issues II and III are without merit.

When the owners of property repeatedly use the premises to violate the law, and where law enforcement is forced to repeatedly return to a scene to curb illegal usage of a property, the property can be abated as a nuisance. We hold that the Bosarges' repeatedly allowing teenagers access to alcohol, endangering their lives and the lives of other innocent motorists when these teens attempted to drive on adjacent highways after consuming alcohol at the Pines, coupled with the other numerous reported incidents of various felonies, misdemeanors and disturbances in and around the Pines, warranted the chancellor's permanent injunction against the Bosarges and their establishment. After a thorough review of all evidence, as well as the briefs and authority cited, we conclude that the chancellor's granting of a permanent injunction was not manifest error and this Court must affirm.

STATEMENT OF FACTS

Linda and Ronald Bosarge had owned and operated the Pines Club, (hereinafter the Pines), located on U.S. Highway 49 North in Gulfport, since May of 1985. The Pines served alcohol to many students attending Perkinston Junior College as well as teenagers in the local high schools. The official policy of the Pines was to allow eighteen to twenty year olds entrance to the Pines, but only allow those over age twenty-one to purchase alcohol. Unfortunately, the Pines did an extremely poor job of supervision of minors. The establishment was not careful in admitting teens under the age of eighteen, or in ensuring that those minors admitted were not allowed to purchase or drink alcohol at the Pines.

The Bosarges knew when receiving their liquor license that no minors, except minors accompanied by parents or guardians, or under proper supervision, would be permitted on the premises. Yet, the record reflects that under age patrons were able to have access to alcohol. Some nights were more crowded and busier than other nights, especially Wednesday night, known as "Perk night", so named because students from Perkinston Junior College heavily attended the Pines on that particular night. There were far more disruptions on "Perk night" at the Pines than on any other night of the week.

Complaints received by the Gulfport ABC Office initiated investigations of the Pines Club. On March 28, 1990, in order to determine whether minors were served alcoholic beverages, a minor employed by the ABC was sent in, and was able to purchase hard liquor from a Pines employee. Bosarge's permit was suspended for four weeks, three weeks for the offense and an additional one week imposed for already being on probation from a previous infraction. On January 27, 1989, the Pines sold alcoholic beverages to a minor, for which they were put on probation for a year. The ABC often accompanied the Harrison County Sheriff's Office on "walk throughs," where the officers and ABC agents would check IDs and verify the age of those who appeared to be under age and were drinking at the time. Bosarge was usually present during these visits to the Pines. Mark Smith of the ABC Division testified that he spoke to Bosarge numerous times about the complaints received and the problems apparent at the Pines. Smith testified that the Pines was frequented by minors and that the minors had unlimited access to consumption of alcoholic beverages on the premises. Smith stated that the usual practice *487 at the Pines was that someone at a table purchased a pitcher of beer, allowing anyone at that table to have free access to the beer. Smith stated that there did not appear to be any supervision of the tables once the pitcher was delivered.

The Pines was very crowded and there were problems with the parking situation because patrons parked in the median and on both sides of the highway. Wrecks occurred during all hours of the night. All of the "No Parking" signs and traffic-control devices the Highway Department had installed around the establishment were pulled up by kids. The signs were replaced about six times.

Richard Smith, a highway patrol officer, testified that he had received numerous complaints from parents and other school officials. He stated that over 90 percent of the wrecks around the Pines involved fifteen, sixteen and seventeen year old teens that had been drinking. Smith stated that there were several fatalities involving drinking and driving. He linked the teenagers at the Pines to the wrecks stating that the wrecks usually involved teenagers exiting the Pines' parking lot onto the highway. He estimated that about three to four dozen incidents occurred immediately in front of the Pines. Most of these accidents occurred on "Perk night."

Bill Haden, Harrison County Sheriff's Department, compiled an incidents report file on the Pines, containing accumulated fake IDs, altered IDs, or IDs that didn't belong to the people that had them. Haden also compiled a list of 134 criminal cases occurring at the Pines between 1986 and 1992. The list included 44 assaults, which include simple assaults and felony aggravated assaults; 16 burglaries of an auto; 7 grand larcenies; 10 malicious mischiefs involving damage upon the Pines' physical building itself; 22 disturbing the peace and/or disorderly conduct complaints; one rape; 4 firearms violations; 2 business burglaries; 3 trespassing reports; 6 petty larcenies; 3 drug violations; 6 ABC violations; 3 lost items; 1 possession of gambling paraphernalia; 2 public drunks; 2 juvenile problems; 2 destroying county property; and one arson of an auto. Fifty-three of the people, either victims or suspects, involved in these incidents were under twenty-one years old. Moreover, the problem appeared to have gotten worse over the years: whereas, the year 1986 showed a total of 4 incidents, by 1990, there were 44 incidents, and by 1991, 42 incidents.

Another "sting operation" was launched against the Pines in the summer of 1991 resulting in the arrest of five Pines bartenders. On July 24, 1991, nine minors were found in possession of alcohol. Over 100 kids were ID'ed, and over 50 were under age twenty-one. Fifteen persons were without any ID whatsoever.

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