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LARSEN v. VILLAGE OF LAVA HOT SPRINGS

No. 9499.

396 P.2d 471 (1964)

H. C. LARSEN, Jr., Plaintiff-Respondent, v. VILLAGE OF LAVA HOT SPRINGS, Idaho, Defendant-Appellant.

Supreme Court of Idaho.

Rehearing Denied November 23, 1964.

Attorney(s) appearing for the Case

Merrill & Merrill, Pocatello, for appellant.

Allan G. Shepard, Atty. Gen., and Michael Southcombe, Asst. Atty. Gen., amici curiae.

F. M. Bistline, Pocatello, for respondent.

SMITH, Justice.

Defendant-appellant Village of Lava Hot Springs, a municipal corporation, is herein sometimes referred to as the Village.

Respondent seeks to enjoin the Village from constructing a lagoon type sewage stabilization plant in the near vicinity of respondent's real property which borders the Portneuf River to the south, about one mile west of the Village. This appeal resulted from a judgment and decree enjoining the Village from constructing the...

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