Legal Definitions - abater

An "abater" is primarily a person who reduces, lessens, or removes something, such as a nuisance. In a legal context, "abater" can also refer to a type of legal defense known as a plea in abatement. This plea challenges a lawsuit due to a procedural defect, rather than addressing the substance of the claim.

An "abater" refers to either:

• An individual, entity, or action that reduces, diminishes, or puts an end to something, often a nuisance, a harmful condition, or a legal claim.
• In a legal context, it can also refer to a specific type of legal argument or pleading (historically known as a plea in abatement) that, if successful, temporarily stops or suspends a lawsuit due to a procedural flaw, rather than addressing the core issues of the case itself.

Examples:

• Example 1 (Nuisance Abatement):

  A city council receives numerous complaints about a dilapidated, abandoned building in a residential neighborhood that has become a safety hazard and an eyesore. The council issues an order for the property owner to demolish the structure.

  In this scenario, the city council, by ordering the demolition, acts as an "abater" because its action directly reduces and puts an end to the public nuisance caused by the dangerous building.

• Example 2 (Legal Pleading):

  A plaintiff files a lawsuit against a defendant, but the defendant's legal team discovers that the plaintiff failed to properly serve the defendant with the legal documents, meaning the defendant was never officially notified of the suit according to legal rules.

  The defendant's lawyers file a motion with the court (which, in older legal terminology, might have been called a plea in abatement) arguing that the lawsuit should be dismissed or suspended due to this procedural defect in service. This legal filing acts as an "abater" because its purpose is to stop or suspend the current legal proceedings based on a flaw in how the case was initiated, rather than on the merits of the dispute itself.