12-805. Precedence of action; reputation of
place as evidence; dismissal; substitution of plaintiffs;
costs
A. When the action described in section 12-803 is filed, it shall have precedence
over all actions except criminal proceedings, election contests and hearings on
injunctions.
B. In the action, evidence of the general reputation of the building or place shall
be admissible for the purpose of proving existence of the nuisance.
C. If the complaint is filed by a citizen, it shall not be dismissed by plaintiff
or for want of prosecution except upon a sworn statement made by plaintiff and his
attorney, if any, setting forth the reasons why the action should be dismissed. The
dismissal may be ordered by the court.
D. In case of failure to prosecute the action with reasonable diligence, or at the
request of plaintiff, the court, in its discretion, may substitute any citizen consenting
thereto for plaintiff.
E. If the action is brought by a citizen and the court finds there was no
reasonable ground or cause for the action, costs shall be taxed against the citizen.
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