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CITY OF CORAL GABLES v. BALJET

No. 71-1219.

263 So.2d 273 (1972)

CITY OF CORAL GABLES, a Municipal Corporation of Florida, Appellant, v. Peter P. BALJET, As Pollution Control Officer of Dade County and Dade County, a Political Subdivision of the State of Florida, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 7, 1972.

Attorney(s) appearing for the Case

Charles H. Spooner, City Atty., and Robert D. Zahner, Asst. City Atty., for appellant.

Stuart L. Simon, County Atty., and John G. Fletcher, Asst. County Atty., for appellees.

Before PEARSON and CHARLES CARROLL, JJ., and HOWELL, CHARLES COOK, Jr., Associate Judge.

PER CURIAM.

This action was filed by Dade County and its pollution control officer against the City of Coral Gables. On one count of the complaint it was alleged the city's garbage incinerator was being operated in violation of § 24-21 of the Code of Metropolitan Dade County (through excessive pollutant discharge), by reason whereof an injunction was sought to restrain the continuance of such operation. By a second count a mandatory injunction was sought to require...

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