Sec. 19a-346. (Formerly Sec. 19-317). Injunction.
Sec. 19a-346. (Formerly Sec. 19-317). Injunction. Whenever a nuisance is kept
or maintained, as defined in this chapter, the state's attorney for the judicial district in
which such nuisance is located or any citizen of such judicial district may maintain an
action in the Superior Court in the name of the state, upon the relation of such state's
attorney or citizen, to perpetually enjoin any such nuisance and the person or persons
conducting or maintaining the same from continuing the same and the owner or agent
of the building or ground upon which such nuisance exists from permitting such building
or ground or both to be so used. Process shall be served therein as in other actions for
the abatement of nuisances and, in such action, the court, or judge in vacation, shall,
upon the presentation of a verified complaint therefor, alleging that the nuisance complained of exists, issue a temporary writ of injunction without bond. When a temporary
injunction is prayed for, the court, on application, may issue an ex parte restraining
order, restraining the defendants and all other persons from removing or in any manner
interfering with the furniture, fixtures, musical instruments and personal property used
in conducting such alleged nuisance, until the application for such temporary injunction
is disposed of and until the further order of the court thereon. Such restraining order
may be served by leaving a copy of the same with any person in charge of such property
or residing in the premises or apartment complained of or by posting a copy thereof in
a conspicuous place at or upon one or more of the principal doors or entrances to such
premises or apartment where such nuisance is alleged to be maintained or by both such
delivery and posting. The officer serving such restraining order shall forthwith make a
return to the court and an inventory of the personal property situated in and used in
conducting or maintaining such nuisance. The mutilation or removal of any copy posted
as herein provided while the same is in force shall be a contempt of court, provided such
posted order shall contain notice to that effect. Three days' notice in writing shall be
given the defendants of the hearing on the application for a temporary injunction, and,
if continued at the instance of the defendant, such temporary injunction shall be granted
as a matter of course. Each defendant, so notified, shall serve upon the complainant or
his attorney a verified answer on or before the date fixed in such notice for such hearing;
but the court may allow additional time for answering, provided such extension of time
shall not prevent the issuing of such temporary writ as prayed for. The allegations of
the answer shall be deemed to be denied without further pleading. Such action shall be
returnable to the Superior Court, and in such action evidence of the general reputation
of the place shall be admissible for the purpose of proving the existence of such nuisance
and shall be prima facie evidence of such nuisance and of knowledge and participation
therein on the part of the owners, lessors, lessees, users and all those in possession of,
or having charge of as agent or otherwise, or having any interest in, any property used
in conducting or maintaining such nuisance. If the complaint is brought by a citizen, it
shall not be dismissed except upon a sworn statement made by the complainant and his
attorney, setting forth the reasons why the action should be dismissed, and the dismissal
shall be approved by the state's attorney, in writing or in open court. If the court is of
the opinion that the action ought not to be dismissed, it may direct the state's attorney
to prosecute such action to judgment, and, if the action is continued more than one term
of court, any citizen of the judicial district or the state's attorney may be substituted for
the complaining party and prosecute such action to judgment. If the action is brought
by a citizen and the court finds no reasonable ground or cause for such action, the costs
shall be taxed against such citizen.
(1949 Rev., S. 4207; P.A. 78-280, S. 2, 127.)
History: P.A. 78-280 replaced "county" with "judicial district"; Sec. 19-317 transferred to Sec. 19a-346 in 1983.