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STATE EX REL. NASAL v. BJS NO. 2, INC

No. 03-CV-287.

127 Ohio Misc.2d 101 (2003)

2003-Ohio-7323

The STATE ex rel. NASAL et al. v. BJS NO. 2, INC. et al.

Court of Common Pleas of Ohio, General Division, Miami County.

Decided October 16, 2003.

Attorney(s) appearing for the Case

Gary Nasal, Miami County Prosecuting Attorney, and Mark W. Altier, Chief Civil Assistant Prosecuting Attorney; W. McGregor Dixon Jr., Troy Law Director, for plaintiffs.

Sirkin, Pinales, Mezibov & Schwartz, H. Louis Sirkin and Jennifer M. Kinsley, for defendants BJS No. 2, Inc., and Lucas Liakos.

Huffman, Landis & Weaks and Robert J. Huffman Jr., for defendant Hayworth, Inc.

Donenfeld, Botros, Kollin & Schulte and Michael R. Botros, for defendant Scott Conrad.

ORDER DECLARING THE CABARET PORTION OF TOTAL XPOSURE A NUISANCE, GRANTING A PERMANENT INJUNCTION, ABATMENT, CLOSURE FOR ONE YEAR, FORFEITURE AND SALE OF CONTENTS AND PERSONAL PROPERTY, IN PART R.C. 3767.01(C)(2) and (3), 3767.05, and 3767.06

JEFFREY M. WELBAUM, Judge.

{¶ 1} On August 12, 2003, a trial to the court was heard on plaintiffs' complaint for a permanent injunction, seeking a declaration and abatement of a nuisance, an order closing the business...

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