§ 32-30-7-12 — Preliminary injunction; burden of proof; temporary forfeiture; closure pending final decision on permanent injunction

(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.
[Pre-2002 Recodification Citation: 34-19-2-7.]

Legislative History

As added by P.L.2-2002, SEC.15.