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1938 Op. Mo. Att'y Gen. 1 (1938)

handle is hein.sag/sagmo0088 and id is 1 raw text is: 
INTOXICATING LIQUCR:   The ope±ration of a disorderly house constitutes
                       a public nuisance, and the proper procedure to
                       abate a public nuisance is by injunction in a
                       court of e uity.



                     JanuLry  3, 1938.





Honorable `oy   . Starling,
  osecutin  Attorney,
eldon, miasouri.

Joar Jir:

        Thi's will acknowledge receipt of your letter of
NovemIber 22nd re uesting an opinion from this department,
which reads as follows:

            I have  a place in this cunty  Thich is
            licensed for  the sble or intoxicatin
            beer  (u), by the drink' -ad   ich has
            beco,,e very disorderly.  I wish to inuire
            it, in your opinion,  assumin  that we are
            only able to prove  that the place is dis-
            oraerly, if under  the provisions of Jecs.
            44-a-9 and 44-a-0   I would be authorized
            to aply  for an  injunction -s a nuisance.

            It occurs to me  that under the definition
            of a nuisance  (sec. 64-a-a) it applies to
            only specific violations  and that under
            Sec. 25 the fact that  a place is not run
            in an orderly mahner  is grounds for revoca-
            tion of a license by  the Supervisor of
            Liquor Control and not  a specific violation
            of the provisions of  the act and I do act
            find any offense listed on  pates j2, 33 and
            34 of the interpretation  of the liquor control
            act which would fit this  case.

            I should like to have,  if you have such
            forms, forms for bill of  injunction, notice
            and form of writ, which could  be used in,
            if in your opinion I c   m intain  such, an
            action.


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