![]() Between Decemand December 5, 2021, the City’s Police Department received over 243 complaints concerning the Nuisances. (d) The conduct, operation, or maintenance of any business or activity operated or maintained in the building or on the premises in connection with or incident to the maintenance of the nuisance.Ĩ. ![]() (c) The owner or agent of the building or ground upon which the nuisance exists. (b) The operating and maintaining of the place or premises where the nuisance is maintained. If it appears by evidence or affidavit that a temporary injunction should be issued, the court, pending the determination on final hearing, may enjoin any of the following: 3 Weiss Serota Helfman Cole & Bierman P.L. (2) The court may allow a temporary injunction without bond on proper proof being made. 823.05 exists, the Attorney General, state attorney, city attorney, county attorney, sheriff, or any citizen of the county may sue in the name of the state on his or her relation to enjoin the nuisance, the person or persons maintaining it, and the owner or agent of the building or ground on which the nuisance exists. 823.01, shall be deemed guilty of maintaining a nuisance, and the building, erection, place, tent or booth and the furniture, fixtures, and contents are declared a nuisance.ħ. Whoever shall erect, establish, continue, or maintain, own or lease any building, booth, tent or place which tends to annoy the community or injure the health of the community, or become manifestly injurious to the morals or manners of the people as described in s. because the Defendant conducts business here, the Property is located here, and all acts complained of occurred here. Venue is proper in Miami-Dade County under Sections 47.011, Fla. The Circuit Court has jurisdiction over this matter, which seeks injunctive relief, under Section 26.012(3), Fla. The Property’s physical address is 4800 NW 37th Avenue, Hialeah, Florida 33142 and is legally described in the Special Warranty Deed, attached hereto as Exhibit “A.” The Property is located within the jurisdictional boundaries of the City of Hialeah, in close proximity to the City and its residents.Ĥ. Factory Town Holdings, LLC is a Florida Limited Liability Company and owner of the Property.ģ. ![]() The City is a Florida municipal corporation located in Miami-Dade County, Florida.Ģ. The Nuisances stemming from the Property have gone unchecked, creating a significant annoyance to the City’s residents, as evidenced by the 243 calls to the City’s emergency police line relating to the Nuisances, resulting in the City’s request for an immediate and permanent injunction to abate the Nuisances. Plaintiff, City of Miami Springs, Florida (“City”), hereby seeks entry of a preliminary and permanent injunction against Defendant, Factory Town Holdings, LLC (“Factory Town” or “Defendant”), to immediately enjoin chronic nuisances caused by, among other things, the loud and excessive noise (“Nuisances”) from the entertainment venue located at 4800 NW 37th Avenue, Hialeah, Florida 33142 (“Property”). VERIFIED COMPLAINT FOR PERMANENT INJUNCTION AND EMERGENCY EX PARTE MOTION FOR PRELIMINARY INJUNCTIVE RELIEF
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