§ 6-6-203 — Trial; evidence of general reputation; dismissal or prosecution of action; substitution of complainant; costs

The action, when brought, shall be triable at the first term of
court after due and timely service of the notice has been given.
In the action evidence of the general reputation of the place is
admissible for the purpose of proving the existence of the
nuisance. If the complaint is filed by a citizen, it shall not
be dismissed except upon a sworn statement made by the
complainant and his attorney, setting forth the reason why the
action should be dismissed, and the dismissal approved by the
county attorney in writing or in open court. If the court finds
the action ought not to be dismissed, he may direct the county
attorney to prosecute the action to judgment. If the action is
continued more than one (1) term of court, any citizen of the
county or the county attorney may be substituted for the
complaining party and prosecute the action to judgment. If the
action is brought by a citizen and the court finds there was no
reasonable ground or cause for the action, the costs may be
taxed to the citizen.