A local community would like to close down a head shop that just opened up in the town. Has anyone dealt with something similar? Any laws that would help the town in a criminal action? Civil action? Has anyone had success in a civil action?
From the town's perspective, I suppose the first issue would be compliance with any zoning regulations. Cities have some measure of authority to enforce those regulations by closure.
From a state law standpoint, if there's dope at the headshop (a novel concept, I know), it might constitute a common nuisance under section 125.0015(4) of the Civil Practice and Remedies Code. Should that be the case, a suit to abate the nuisance could be brought under section 125.002, which could result in an order to abate the nuisance and, if the action is in rem against the property, closure of the property for one year from the date of judgment. See id. at (e).
Posts: 1233 | Location: Amarillo, Texas, USA | Registered: March 15, 2001