BOARD OF HEALTH, TOWN OF LAKE v. VILLAGE OF WARROAD

No. 40122.

139 N.W.2d 255 (1965)

BOARD OF HEALTH, TOWN OF LAKE, ROSEAU COUNTY, Respondent, v. VILLAGE OF WARROAD, Relator.

Supreme Court of Minnesota.

December 24, 1965.


Attorney(s) appearing for the Case

Smith, McRae & Hilligan, Bemidji, for relator.

Starr & Mitchell, Minneapolis, for respondent.


OTIS, Justice.

Plaintiff, Board of Health of Lake Township, Roseau County, seeks to impose penalties and to secure an injunction prohibiting defendant, Village of Warroad, from maintaining a dumping ground within the township. A motion to dismiss the complaint for want of jurisdiction over the parties and subject matter and for failure to state a cause of action was denied below. Defendant secured a writ of prohibition to enjoin the court from proceeding to trial...

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