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CITY OF DES MOINES v. HARVEY

No. 2-57318.

243 N.W.2d 606 (1976)

CITY OF DES MOINES, Iowa, Appellant, v. Edward D. HARVEY, Appellee.

Supreme Court of Iowa.

June 30, 1976.

Attorney(s) appearing for the Case

Philip T. Riley, Corp. Counsel, and Ronald Noah, Asst. City Atty., Des Moines, for appellant.

Gerald R. Ralph, Des Moines, for appellee.

Submitted to REYNOLDSON, Acting Chief Justice, and MASON, RAWLINGS, REES and HARRIS, JJ.

REES, Justice.

This is an appeal by plaintiff City of Des Moines from a judgment and decree of the trial court dismissing plaintiff's petition in which it sought to enjoin defendant from operating and maintaining a dump and landfill without having secured permits or licenses for the operation of the same. We reverse and remand for the entry of a decree in conformity with this opinion.

Defendant Harvey owns and operates Harvey Landfill at 703 SE 30th Street...

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