STATE Ex Rel WAYNE COUNTY PROSECUTING ATTORNEY v. BENNIS

*672Murphy, J.

Defendants appeal from a judgment of the circuit court declaring their 1977 Pontiac automobile to be a nuisance and abating the nuisance, thereby terminating their interest in the automobile. We reverse.

Defendant John Bennis was convicted of gross indecency, MCL 750.338b; MSA 28.570(2), following an incident in which police officers observed Mr. Bennis engaging in a sexual act with a woman in defendants’ 1977 Pontiac. Plaintiff then filed this action, alleging that Mr. Bennis used defendants’ car for the purpose of lewdness, assignation, or prostitution, in violation of MCL…