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Wednesday, January 22, 2020

Village Can Bring Nuisance Action Without Separate Prosecution of Ordinance Violations

The Village of Orion filed a nuisance action against a Village resident after sending notice to the resident alleging a violation of the Village Code provisions prohibiting more than three cats on a property. The notice came after the state had charged the resident with harboring more than 70 cats on her property. The Village asked the court to issue an order to abate the nuisance and require the resident to comply with the Village Code. The trial court dismissed the case, holding that the Village did not have authority to bring a nuisance lawsuit without having cited the resident in a separate proceeding.

The Village appealed, and the appellate court ruled in its favor, finding that a municipality does have the authority to bring a lawsuit to abate a nuisance situation without having to prosecute the ordinance violations in a separate proceeding.  Village of Orion v. Hardi. The case was then sent back to the trial court for further proceedings on the Village's nuisance claims.


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