A California Court of Appeal, in People v. Freetown Holdings Co. has held a liquor store owner liable for nuisance based on the sale of illegal drugs on its premises.
Abdu Jamal Sheriff owned Holiday Liquor and deeded it to Freetown Holdings Company of which he was the sole officer and director. The People filed a Complaint against the store that described ongoing drug dealing and gang-related violence within and in front of the liquor store. The People’s documentation of these activities was extensive. The People moved for summary judgment and summary adjudication on its three count complaint that alleged violations of Health and Safety Code section 11570, et seq., (the drug house law), Civil Code section 3479, et seq., (the public nuisance law), and Business and Professions Code section 17200, et seq., (the unfair competition law). The Defendant opposed the motions contending there were triable issues of material fact. The Court granted the People’s motion for summary judgment and adjudication finding against the Defendant on each cause of action. It entered a final judgment and a permanent injunction requiring the store to take remedial measures, including hiring of guards, restrictions on operating hours, and an end to single-serving alcohol sales. The store appealed and contended its conduct did not constitute a nuisance.
The Court of Appeal held:
A possessor of land upon which a third person carries on an activity that causes a nuisance is subject to liability for the nuisance if it is otherwise actionable, and (a) the possessor knows or has reason to know that the activity is being carried on and that it is causing or will involve an unreasonable risk of causing the nuisance, and (b) he consents to the activity or fails to exercise reasonable care to prevent the nuisance.’
As a consequence, the liquor store was liable under state statute declaring places used for sales of illegal drugs to be public nuisances.
If you suspect illegal activity on your property, it is imperative that you consult with legal counsel so you can take measures to secure your property and not be held vicariously liable for the illegal conduct that may be occurring on your property.
The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.
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