MAHLSTADT v. CITY OF INDIANOLA

No. 49789.

100 N.W.2d 189 (1959)

Ronald W. MAHLSTADT, Appellee, v. CITY OF INDIANOLA, Dan W. Dayton, Myron O. Criswell, B. B. Long, Lewis Johnson, William C. Morlock, William G. Beatty, Appellants.

Supreme Court of Iowa.

December 15, 1959.


Attorney(s) appearing for the Case

M. C. Herrick, Indianola, for appellants.

Watson, Elgin & Hoyman, Indianola, for appellee.


OLIVER, Justice.

Plaintiff instituted this suit in equity against the city of Indianola, its mayor and city council, to abate and enjoin as a nuisance, the operation of the city clump for refuse and garbage. Upon trial the court adjudged the dump, as operated, constituted a nuisance, and enjoined its operation, after a date some months thereafter. In the meantime, the judgment ordered the adoption of certain practices in connection with the operation of the dump....

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