Civil Practice: Public Nuisance-Injunction

Where appellants challenged a permanent injunction prohibiting them from operating a commercial swimming facility on their property until certain safety conditions were met, the trial court did not err in concluding that appellants’ operation of the facility was a public nuisance, even though no Missouri case has addressed a situation in which a private property owner invited people to the alleged nuisance, because a public nuisance may be found in a place that the public is likely to congregate, and the judgment is affirmed because substantial evidence supported the trial court’s injunction.

Judgment is affirmed.

State ex rel. Attorney General Eric S. Schmitt v. Henson (MLW No. 74860/Case No. ED107970 – 19 pages) (Missouri Court of Appeals, Eastern District, Dolan, J.) Appealed from circuit court, Madison County, Horn, J. (Clinton B. Roberts for appellant) (Jeremiah J. Morgan and Brandon E. Gibson for respondents).