Commonwealth v. Can-Port Amusement Corp.

Agnes, A.J.

INTRODUCTION

This is a civil action in which the Commonwealth of Massachusetts seeks a preliminary injunction to restrain the maintenance of a nuisance by the defendants and to enjoin them from removing fixtures from the property until further order of the court. See G.L.c. 139, §8. In addition to this civil proceeding, the Commonwealth also has sought and obtained an indictment against the corporate defendant for keeping or maintaining a building used for lewdness in violation of G.L.c. 139, §5 (exhibit 5).1

FACTUAL BACKGROUND

“By definition, a preliminary injunction must be granted…