Know more. Allen M. James D. Gilmore and Brian M. Spenard Action Committee SAC instituted an action for abatement of a public nuisance and injunctive relief against Lot 3, Block 1, Evergreen Subdivision Lot 3 , alleging that The Chateau, a massage parlor and escort service located on the property, was operating as a house of prostitution.
The superior court denied relief based on its conclusion that SAC had not shown that a public nuisance existed at the time of trial. On appeal, SAC first argues that the superior court should have established as a matter of law, as a sanction for Lot 3's alleged discovery violations, that The Chateau was a house of prostitution. Second, SAC argues that the superior court erred in concluding that the public nuisance must be shown to exist at the time of trial.
Third, SAC argues that the superior court erred in determining the proper burden of proof, and in excluding certain evidence. And fourth, SAC argues that it is a public interest litigant and that the superior court's award of costs and attorney's fees to Lot 3 was therefore improper. In addition, Lot 3 argues that the superior court erred in allowing police officers to testify as experts. SAC is a non-profit Alaska corporation organized for the purpose of discouraging prostitution in the Spenard area of Anchorage.
SAC's activities include the investigation of suspected houses of prostitution and the implementation of a "camera watch" program in which volunteers observe and attempt to identify individuals who enter or leave these alleged houses of prostitution. The police seized a number of items from the premises including 4, Rolodex cards with the names of, and information about, The Chateau's customers.
Following the raid, L. The raid resulted in only one conviction. A jury found L. Elstad was acquitted of the charge against her. Assignation is "the making of an appointment or engagement for prostitution or an act in furtherance of such appointment or engagement. The record also contains evidence of a police undercover operation at The Chateau during which a Chateau employee was arrested for assignation.
