M.I.C. Limited v. Bedford Township

463 U.S. 1341 (1983)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Bedford Township (P) brought this action for common- law nuisance against Ds, seeking a preliminary injunction and claiming that the recent exhibition of two allegedly obscene films at the drive-in theatre had created a public nuisance. After a hearing, Ds were enjoined from displaying or projecting on the screen of the West Point Auto Theatre any films containing scenes of explicit sexual intercourse or other carnal acts. By its terms, the preliminary injunction was to continue in effect until a full trial on the matter was held or until further order of the court. Ds appealed to the Michigan Court of Appeals, seeking immediate consideration of their application for a stay pending appellate review of the trial court's preliminary injunction. They declined to issue a stay of the trial court's order. The court also directed that the case be placed on the calendar of the October 1983 session for a hearing on the merits. Ds then sought similar relief from the Michigan Supreme Court, and, on August 16, 1983, that court denied both their motion for review prior to consideration of the appeal by the court of appeals and for a stay of the preliminary injunction. This application followed.