COSTAS v. FOND DU LAC


24 Wis.2d 409 (1964)

COSTAS and Wife, Respondents, v. CITY OF FOND DU LAC, Appellant. COSTAS ENTERPRISES, INC., v. SAME, Appellant.

Supreme Court of Wisconsin.

June 30, 1964.


Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Henry B. Buslee, city attorney.

For the respondents there was a brief by Worthing & Schneider, attorneys, and Edgarton & Hobbs of counsel, all of Fond du Lac, and oral argument by Kenneth E. Worthing and Neil Hobbs.


HALLOWS, J.

The defendant claims it has not created a nuisance by the operation of its sewage-disposal plant; the plaintiffs have suffered no irreparable injury; the condition of the injunction is impossible of performance; and the court may not direct the details and the manner in which a nuisance is to be abated. Because of the agreement of the parties concerning the finality and quantity of the proof, the decision of the court must be tested by the rules applicable...

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