State Ex Rel. Gilchrist v. Hurley

HEDRICK, Judge.

Defendants assign as error the denial of their motion to dismiss the action for its failure to state a claim for which relief can be granted. They argue first that the alleged conduct at the Par-A-Dice Health Clinic does not constitute a nuisance within the meaning of the statute. The statute under which these defendants were prosecuted in pertinent part proscribes the following conduct:

§19-1. What are nuisances under this Chapter — (a) The erection, establishment, continuance, maintenance, use, ownership or leasing of any building or place for the purpose of assignation,…