PENN v. CITY OF LAKELAND

No. 552.

109 So.2d 771 (1959)

I.L. PENN et al., Appellants, v. CITY OF LAKELAND, Florida, Appellee.

District Court of Appeal of Florida. Second District.

March 13, 1959.


Attorney(s) appearing for the Case

W. Wallace Shafer (of Bentley, Shafer, & Miller), Lakeland, for appellants.

J.C. Rogers, Lakeland, for appellee.


SHANNON, Judge.

Appellants, plaintiffs and intervenors below, forty-seven in number, all reside in an area south of the city of Lakeland, near Banana Lake. Plaintiff-appellants filed a complaint on February 5, 1957 charging that the City of Lakeland was causing contaminated effluent from a sewage disposal plant to be emptied into a canal which flows into an old phosphate spoil pit and thence into Banana Lake; that this pollution was causing foul odors in the area...

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