STATE Ex Rel WAYNE COUNTY PROSECUTING ATTORNEY v. BENNIS

I respectfully dissent. I would affirm the November 16, 1988, judgment entered by the Wayne Circuit Court declaring defendants’ 1977 Pontiac automobile to be a nuisance and terminating their interest in the automobile.

Defendants contend that the trial court erred in denying their motion for summary disposition brought pursuant to MCR 2.116(C)(8). Specifically, defendants argue that plaintiffs complaint failed to allege more than one isolated instance of use of the 1977 automobile for purposes of lewdness, assignation, or prostitution and failed to allege knowledge of, consent to, or…