MICHIGAN Ex Rel WAYNE COUNTY PROSECUTOR v. BENNIS

As Mr. Rogers would say, "It’s a wonderful day in the neighborhood.” In this public nuisance abatement case, the focus should be clear: Was the defendants’ vehicle an abatable public nuisance? I cannot agree with the lead opinion’s mystical concept that under the statute we can call the condition of an entire neighborhood a public nuisance. Nor can I agree with its invention that any vehicle contributing to this condition can be abated.

I remain unconvinced that the conduct at issue in the instant case comes within the scope of the public nuisance abatement statute. Assuming arguendo that it…