1999 Minnesota Statutes

     617.89 Nuisance action. 

    Subdivision 1.    Action established.  A nuisance action 
 may be brought under this section for a nuisance as defined in 
 section 617.88.  The action may be brought by a resident of a 
 jurisdiction or a neighborhood organization in a jurisdiction 
 where a nuisance has occurred.  Upon the request of a resident 
 or neighborhood organization, the prosecuting attorney for the 
 jurisdiction may bring an action under this section.  The 
 complaint shall be filed with the court and served on the 
 respondent in the manner provided by the rules of civil 
 procedures. 

    Subd. 2.    Proof.  A nuisance may be proved by evidence 
 of: 

    (1) two or more separate behavioral incidents within the 
 previous 12 months that would constitute a nuisance as defined 
 in section 617.88; or 

    (2) two or more convictions within the previous 12 months 
 for violating any of the offenses described in section 617.80 or 
 617.88. 

    Proof of nuisance under clause (1) exists if each of the 
 elements of the conduct constituting the nuisance is established 
 by clear and convincing evidence.  Illegally obtained evidence 
 is not admissible in these actions. 

    Subd. 3.    Remedies.  If, upon a hearing, the court 
 finds proof of a nuisance under this section, it shall 
 permanently enjoin the respondent from engaging in the nuisance 
 activity. The court shall award a prevailing individual or 
 neighborhood organization damages in the amount of actual 
 damages suffered or exemplary damages of $500 per incident, 
 whichever is greater.  If the action is brought by the 
 prosecuting attorney, the court shall order the damages, other 
 than actual damages, to be paid to a crime victim witness fund 
 serving the jurisdiction.  The court may award a prevailing 
 petitioner reasonable attorney fees and costs. 

    Subd. 4.    Defenses.  It is a defense to a complaint or 
 action brought under this section that:  

    (1) the individual alleged to be committing a nuisance was 
 coerced, as defined in section 611A.80, subdivision 2, into 
 committing the alleged nuisance; or 

    (2) the prosecution of the nuisance action was brought on 
 the basis of discrimination based on membership in a protected 
 class under chapter 363. 

    The defense in clause (1) may be proved without identifying 
 any person who coerced the individual. 

    HIST: 1996 c 453 s 2 

*   NOTE:  This section, as added by Laws 1996, chapter 453, 
*section 2, is repealed August 1, 1999.  Laws 1996, chapter 453, 
*section 3.