                                 CODE OF VIRGINIA

HOW NUISANCE ENJOINED (§ 48-8)

Whenever a nuisance is kept, maintained, or exists as defined in § 48-7 the
attorney for the Commonwealth or the Attorney General of the Commonwealth, or,
with the exception of a suit brought against a criminal street gang as defined
in § 18.2-46.1, any responsible citizen of the Commonwealth, may maintain a
suit in equity in the name of the Commonwealth, upon the relation of such
attorney for the Commonwealth, Attorney General, or citizen, to perpetually
enjoin such nuisance, the person or persons conducting or maintaining the same,
and the owner or agent of the building or ground upon which such nuisance
exists. In such suit the court, or a judge in vacation, shall, upon the
presentation of a bill therefor alleging that the nuisance complained of exists,
and sworn to by two reputable citizens, allow a temporary writ of injunction,
without bond, if it shall be made to appear to the satisfaction of the court or
judge by evidence in the form of affidavits, depositions, oral testimony, or
otherwise as the complainant may elect, that the nuisance complained of exists,
unless the court or judge by previous order shall have directed the form and
manner in which the evidence shall be presented. Three days&#8217; notice, in
writing, shall be given the defendant of the hearing of the application, and if
then continued at his instance the writ as prayed shall be granted as a matter
of course. A suit brought to enjoin criminal street gang activity may be brought
against the criminal street gang as defined in § 18.2-46.1, as an
unincorporated association and in the name by which it is commonly known.

HISTORY: Code 1919, § 1522; 2005, cc. 764, 813.