NOTHAUS v. CITY OF SALEM

No. 10738.

585 S.W.2d 244 (1979)

Louis J. NOTHAUS, Joeanne M. Nothaus and Louis A. Nothaus, Plaintiffs-Appellants, v. CITY OF SALEM, Missouri, Defendant-Respondent.

Missouri Court of Appeals, Southern District.

July 23, 1979.


Attorney(s) appearing for the Case

Albert A. Crump, Jr., Williams & Smallwood, Rolla, for plaintiffs-appellants.

J. Max Price, Salem, for defendant-respondent.


PER CURIAM.

Plaintiffs are residents of and defendant is a fourth class city located in Dent County, Missouri. Defendant proposed to construct and operate a sanitary landfill in a rural area outside of the city limits of defendant. The site chosen was in the vicinity of plaintiffs' homes. Plaintiffs filed suit in circuit court, requesting equitable relief in the form of a permanent injunction, alleging that the operation of the landfill would constitute a nuisance...

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