Commonwealth v. Woelfl

by judge Melvin R. Hughes, Jr.

Under Va. Code § 18.2-258.01 “any citizen where ... a nuisance described in § 18.2-258 exists, may... maintain a suit in equity in the name of the Commonwealth to enjoin the same____”

John R. Butcher, Esq., in his capacity as a private citizen filed the above styled action invoking § 18.2-258.01 seeking to enjoin Frank and Viola Woelfl from maintaining a common nuisance on their property. The acts sought to be enjoined, referenced in § 18.2-258, is maintaining a common nuisance on property whose owner knowingly permits persons involved in the sale, possession, and…