#WEHATETOLOSE

The state brought an action to enjoin two homeowners from conducting alleged nuisances on their property based upon neighbors' complaints and the observation by a now retired police officer. The Petition filed against them could have resulted in the loss of their home. The Court heard evidence for two days concerning the alleged nuisance. A nuisance is:  Any place in or upon which lewdness, prostitution, promotion of prostitution, patronizing prostitution, unlawful sale of intoxicating liquors, unlawful sale of any regulated legend drug, narcotic, other controlled substance or controlled substance analogue, any sale or possession with intent to sell of drug paraphernalia, unlawful gambling, any sale, exhibition or possession of any material determined to be obscene or pornographic with intent to exhibit, sell, deliver or distribute matter or materials  quarreling, drunkenness, fighting, breaches of the peace are carried on or permitted, and personal property, contents, furniture, fixtures, equipment and stock used in or in connection with the conducting and maintaining any such place for any such purposes.

The underlined portion of the law above, was the only allegation of nuisance in this matter. At trial and upon cross examination by Ms. Kaufman, it was revealed that no witness could credibly testify to having seen any such conduct on or around the property of the two homeowners. The court, upon review of all of the state's evidence, after two full days of trial, dismissed the matter as the State could not meet its burden of proof and ordered the State to pay all Court costs.