State Codes and Statutes

Statutes > New-jersey > Title-2a > Section-2a-54a > 2a-54a-2

2A:54A-2.  Venue;  preliminary injunction
    a.  Any action instituted pursuant to the provisions of section 3 of this amendatory and supplementary act shall be brought in the Superior Court of the county in which the alleged nuisance exists.  An action shall be instituted by the filing of a verified petition alleging the facts constituting the nuisance.

    b.  After the filing of the petition, application for a preliminary injunction may be made to the court, which shall grant a hearing within 10 days  after the filing of the application.  If an application for a preliminary  injunction is made, the court, on request of the applicant, may issue an ex  parte order to preserve samples of materials located at the premises which are  allegedly involved in the nuisance.  The restraining order shall be served by  delivering a copy of the order to a person in charge of the location or  residing there or by posting a copy of the order upon one of the principal  doors or entrances to the location.  The officer serving the restraining order  shall make and return to the court an inventory of the personal property used  in maintaining the alleged nuisance and an inventory of the samples being held.   A violation of the restraining order or the removal or mutilation of a posted  restraining order shall constitute contempt of court.

    c.  A copy of the petition, together with a notice of the time and place of  the hearing on the application for a preliminary injunction, shall be served  upon the defendant at least five days before the hearing.  If, at the hearing,  the allegations of the petition are sustained by clear and convincing evidence,  a preliminary injunction closing the place against its use for any purpose  complained of in the petition may be issued.  The order shall also continue in  effect the restraining order provided in subsection b., if already issued, or,  if not so issued, may include a restraining order. The owner of any real or  personal property closed or restrained may appear between the filing of the  petition and the hearing on the application for a permanent injunction and may  obtain the release of the property, if the court determines that the owner did  not have any knowledge that the property was being used in maintaining the  nuisance and if the owner agrees to take whatever action is necessary to insure  that the property will not be used to continue the nuisance.  The release of  any property under this subsection shall not affect any judgment, lien, penalty or liability to which that property may be subject.

     L.1983, c. 234, s. 4, eff. June 30, 1983.