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MICHIGAN EX REL WAYNE CTY. PROSECUTING ATTORNEY v. DUCK

Docket Nos. 134045, 136610.

203 Mich. App. 250 (1994)

511 N.W.2d 907

STATE OF MICHIGAN ex rel WAYNE COUNTY PROSECUTING ATTORNEY v. DIZZY DUCK

Michigan Court of Appeals.

Decided January 18, 1994, at 9:20 A.M.

Attorney(s) appearing for the Case

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

Rubin & Rubin (by Carl L. Rubin), for the defendants.

Before: HOLBROOK, JR., P.J., and SAWYER and CORRIGAN, JJ.

SAWYER, J.

This action arises out of the Wayne County Prosecutor's complaint to have defendants' establishment declared a nuisance under MCL 600.3801; MSA 27A.3801 and the premises padlocked. Although the trial court found that some of the activities at the Dizzy Duck constituted a nuisance, it declined the prosecutor's request to padlock the premises. Instead, the trial court enjoined those activities that it found to constitute a nuisance. The prosecutor now appeals...

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