STATE EX REL. IOWA AIR P. CON. COM. v. CITY OF WINTERSET

No. 2-56318.

219 N.W.2d 549 (1974)

STATE of Iowa ex rel. the IOWA AIR POLLUTION CONTROL COMMISSION, Appellant, v. CITY OF WINTERSET, Appellee.

Supreme Court of Iowa.

June 26, 1974.


Attorney(s) appearing for the Case

Richard C. Turner, Atty. Gen., Clifford E. Peterson, Asst. Atty. Gen., and John R. Dent, Asst. Atty Gen., for appellant.

Jerrold B. Oliver, of Webster, Jordan & Oliver, Winterset, for appellee.

Heard before MOORE, C.J., and RAWLINGS, LeGRAND, UHLENHOPP, and HARRIS, JJ.


HARRIS, Justice.

An action was brought to enjoin a municipality from burning refuse and was pending when the legislature revised existing environmental statutes. The new enactment contains substantially the same provisions prohibiting the burning of refuse. The trial court held the action abated by the simultaneous repeal and reenactment of the applicable statutes. We reverse and remand.

On April 21, 1972 the 64th General Assembly, Second Regular Session,...

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