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

Docket No. 132568.

200 Mich. App. 670 (1993)

504 N.W.2d 731

STATE ex rel WAYNE COUNTY PROSECUTING ATTORNEY v. BENNIS

Michigan Court of Appeals.

Decided July 19, 1993, at 9:45 A.M.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, John E. O'Hair, Prosecuting Attorney, Andrea Solak, Chief, Special Operations, and Larry L. Roberts, Assistant Prosecuting Attorney, for the plaintiff.

ACLU Fund of Michigan (by Paul J. Denenfeld), for the defendants.

Before: JANSEN, P.J., and MURPHY and MARILYN KELLY, JJ.


MURPHY, J.

Defendants appeal from a judgment of the circuit court declaring their 1977 Pontiac automobile to be a nuisance and abating the nuisance, thereby terminating their interest in the automobile. We reverse.

Defendant John Bennis was convicted of gross indecency, MCL 750.338b; MSA 28.570(2), following an incident in which police officers observed Mr. Bennis engaging in a sexual act with a woman in defendants...

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