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WILKINSON v. STATE EX REL. MORGAN

78-846.

396 So.2d 86 (1981)

Robert WILKINSON, Am-Vets Post 65, Amer-Vet Athletics, Inc., Wayne O. Coats, and Peter L. Wilkinson v. STATE of Alabama, ex rel., Earl C. MORGAN as District Attorney, etc., Melvin Bailey, Sheriff of Jefferson County, Alabama and B. R. Myers, Police Chief of the City of Birmingham, Alabama.

Supreme Court of Alabama.

March 27, 1981.

Attorney(s) appearing for the Case

John Martin Galese of Galese & Chambers and R. Clifford Fulford and Max C. Pope of Fulford, Pope & Minisman, Birmingham, for appellants.

Charles A. Graddick, Atty. Gen., and J. Thomas Leverette, Asst. Atty. Gen., Catherine S. Roberts and J. Terry McElheny of Dominick, Fletcher, Yeilding, Acker, Wood & Lloyd, Birmingham, for appellees.

ALMON, Justice.

The State of Alabama sought and received a permanent injunction to abate an alleged gaming nuisance under the provisions of Code 1975, § 13-7-90, viz.:

All places maintained or resorted to for the purpose of gaming and all places where gaming tables or other gaming devices are kept for the purpose of permitting persons to game thereon or therewith are declared to be common nuisances and may be abated by writ of injunction issued...

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