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STATE EX REL WAYNE CTY. PROSECUTING ATTY. v. LEVENBURG

Docket No. 27487.

75 Mich. App. 90 (1977)

254 N.W.2d 797

STATE ex rel WAYNE COUNTY PROSECUTING ATTORNEY v. LEVENBURG

Michigan Court of Appeals.

Decided April 18, 1977.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward Reilly Wilson, Research, Training & Appeals, and Maura D. Corrigan, Assistant Prosecuting Attorney, for the plaintiff.

Hyman, Gurwin, Nachman, Friedman & Winkelman and Grant, Schon, Wise & Grant, for defendants Harry Levenburg and Anderson's Gardens, Inc.

Before: BRONSON, P.J., and BASHARA and C.L. HORN, JJ.

BRONSON, P.J.

This is an action to abate a nuisance pursuant to MCLA 600.3801; MSA 27A.3801, the so-called padlock statute. Named as defendants were Anderson's Gardens, Inc., the holder of a class C liquor license, Harry Levenburg, the sole stockholder of the corporation and operator of the bar, and Albert Porvin, titleholder along with Levenburg of the building leased to Anderson's Gardens for its operation.

A lengthy bench trial, resulting in some 52

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