STATE EX REL. PIZZA v. STROPE

Nos. 89-763 and 89-765.

54 Ohio St. 3d 41 (1990)

THE STATE, EX REL. PIZZA, PROSECUTING ATTORNEY, APPELLEE, v. STROPE ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided September 26, 1990.


Attorney(s) appearing for the Case

Anthony G. Pizza, prosecuting attorney, and Steven J. Papadimos, for appellee.

Jay E. Feldstein and Jack Gallon, for appellants Lee Strope and Abraham Geha.

Cooper, Straub, Walinski & Cramer and John Czarnecki, for appellants Richard Kaplan, Joel Kaminski, Gary Licata, Andrea Licata, Woodville News, Inc., Donald Wiener, Arthur Davis, Junerose Davis, Sam Paget and E.G.L., Inc.

Stanley Yoder, for appellants William Bigelow and Richard Bigelow.

Sheldon Wittenberg, for appellant Modern Cinema.

Eugene Canestraro, for appellant Florence Audrey Grayczyk, sub nom. Florence Audrey Mohr.

Berkman, Gordon, Murray & Palda, J. Michael Murray, Lorraine R. Baumgardner and Ann N. Butenhof, for appellants Richard Kaplan, Joel Kaminski, Woodville News, Inc. and E.G.L., Inc.

Joseph Siegel, for appellant Estate of Mohamed Cheikn and Lillian Cheikn.

Lorin Zaner, for appellant Ross Properties.

Richard Szczepaniak, for appellants Joyce Ehrmin and Estate of Stanley Ehrmin.

Daniel T. Kobil, American Civil Liberties Union of Ohio Foundation, Inc. and Elinor Alger, urging reversal for amicus curiae, American Civil Liberties Union of Ohio Foundation, Inc.

Arthur M. Ney, Jr., prosecuting attorney, and William E. Breyer, urging affirmance for amicus curiae, Ohio Prosecuting Attorneys Association.


SWEENEY, J.

The present action was instituted by appellee pursuant to R.C. 3767.02. This section provides:

"Any person, who uses, occupies, establishes, or conducts a nuisance, or aids or abets therein, and the owner, agent, or lessee of any interest in any such nuisance together with the persons employed in or in control of any such nuisance by any such owner, agent, or lessee is guilty of maintaining a nuisance and shall be enjoined as provided in sections...

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