§ 16-105-306 — Hearings for temporary and permanent injunction - Bond - Notice

(a) (1) The circuit court, upon the presentation of a bill in the proceedings alleging that the public nuisance complained of exists, shall award a temporary injunction, with such bond as required by law in cases in which the bill is filed by citizens and electors and freeholders. (2) However, no bond shall be required where bill or petition is filed by the officers mentioned in this subchapter if it shall be made to appear to the satisfaction of the circuit court, by evidence in the form of a due and proper verification of the bill or petition under oath, or if affidavits, depositions, oral testimony, or otherwise, as the complainants or petitioners may elect, that the allegations of the bill or petition are true, enjoining and restraining the further continuance of the public nuisance and the closing of the building or place wherein the public nuisance is conducted until the further order of the circuit court. (b) (1) Five (5) days' notice in writing shall be given the defendant of the hearing of an application for a permanent injunction, but no notice shall be required of the hearing of a temporary injunction. (2) If a hearing is continued at the instance of the defendant, the writ as prayed for shall be granted as a matter of course. (3) When the injunction shall have been granted, it shall be binding upon the defendant throughout the county until modified or set aside by the circuit court having cognizance of the case. (4) Any violation thereof by the defendant, or upon his or her procurement, shall be a contempt of court and punished as provided in § 16-105-302 .

Legislative History

Acts 1937, No. 118, § 5; Pope's Dig., § 10913; A.S.A. 1947, § 34-115; Acts 2003, No. 1185, § 222.