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INC. TOWN OF CARTER LAKE v. ANDERSON E. & W. CO.

No. 2-57023.

241 N.W.2d 896 (1976)

The INCORPORATED TOWN OF CARTER LAKE, Iowa, Appellant, v. ANDERSON EXCAVATING AND WRECKING CO., a Nebraska Corporation, Appellee.

Supreme Court of Iowa.

May 19, 1976.

Attorney(s) appearing for the Case

John P. Churchman, Council Bluffs, for appellant.

James A. Pratt, Council Bluffs, for appellee.

Heard by MOORE, C. J., and LeGRAND, UHLENHOPP, REYNOLDSON and McCORMICK, JJ.

McCORMICK, Justice.

This appeal involves a dispute between a municipality and the operator of a private landfill. Plaintiff, The Incorporated Town of Carter Lake, Iowa, brought this action in equity to enjoin defendant Anderson Excavating and Wrecking Co., a Nebraska corporation, from operating a landfill in the town on grounds of violation of a town ordinance and maintenance of a public nuisance. The trial court denied injunctive relief. We affirm in part and reverse...

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