United States — Iowa
Iowa Code § 123.63 - Temporary writ
1 provisions
A court must allow a temporary injunction without bond in a nuisance case if the petitioner files a petition and shows evidence that the nuisance exists.
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United States — Iowa
Iowa Code § 123.64 - Notice
1 provisions
The defendant must be given three days’ written notice of the hearing of the application.
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Iowa Code § 123.65 - Scope of injunction
1 provisions
If an injunction is granted, the defendant is bound by it statewide, and violating the chapter anywhere in the state can be punished as contempt under section 123.68.
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Iowa Code § 123.66 - Trial of action
1 provisions
District court must give priority to actions seeking to stop a nuisance or enforce an injunction violation.
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Iowa Code § 123.67 - General reputation
1 provisions
In nuisance or injunction-violation cases, evidence of the premises’ general reputation is admissible to prove the nuisance or the injunction violation.
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Iowa Code § 123.68 - Contempt
1 provisions
If someone violates an injunction under this chapter, the court may summarily try and punish them.
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Iowa Code § 123.69 - Trial of contempt action
1 provisions
The trial is to proceed as in equity, and it may be held on depositions. Either party may require the witnesses to be produced and examined orally.
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Iowa Code § 123.7 - Duties of director
1 provisions
The director must supervise the department’s daily operations and carry out the department’s alcoholic beverage control policies.
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Iowa Code § 123.70 - Injunction against bootlegger
1 provisions
A bootlegger defined elsewhere may be subjected to an injunction and the usual injunction and violation procedures apply.
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Iowa Code § 123.71 - Conditions on injunction proceeding
1 provisions
A bootlegger injunction proceeding cannot be maintained unless good-faith efforts have been made to find the defendant’s supply base or the place where the unlawful alcohol business is conducted or alcohol is received or manufactured.
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Iowa Code § 123.72 - Order of abatement of nuisance
1 provisions
If nuisance is proven in a civil or criminal case, the judgment must include an order that confiscates alcohol, removes property used in the unlawful business, sells removed property and certain conveyances, and closes the premises for one year unless the court releases it sooner.
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Iowa Code § 123.73 - Use of abated premises
1 provisions
A person must not use premises that have been closed under an abatement order in violation of that order.
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Iowa Code § 123.74 - Fees
1 provisions
The officer may charge and receive the same fees for removing and selling movable property, and the court must allow a reasonable sum for closing and keeping the premises closed.
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Iowa Code § 123.75 - Proceeds of sale
1 provisions
Sale proceeds in abatement proceedings must be used first to pay action and abatement costs, then any fine and costs against the proprietor and nuisance keeper, with any remaining balance paid to the defendant.
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Iowa Code § 123.76 - Abatement of nuisance
1 provisions
If the owner meets the stated conditions, the court may return the premises and cancel the abatement order.
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Iowa Code § 123.77 - Abatement before judgment
1 provisions
If an equitable action meets the stated conditions, the action must be abated as to the premises only.
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Iowa Code § 123.78 - Existing liens
1 provisions
Releasing property under section 123.76 or 123.77 does not মুক্ত it from any judgment lien, penalty, or liability that still applies by law.
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Iowa Code § 123.79 - Abatement bond a lien
1 provisions
The district court clerk must promptly docket and enter abatement bond undertakings on the lien index after filing.
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Iowa Code § 123.8 - Duties of commission
1 provisions
The commission must serve in an advisory role to the director and department, and it may give advice and recommendations on the director’s actions under this chapter.
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Iowa Code § 123.80 - Attested copies filed
1 provisions
Attested copies of undertakings may be filed with the district court clerk where the real estate is located, and the clerk must docket and index them immediately.
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