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SHERNER v. CULLITON

No. C5-85-1776.

382 N.W.2d 562 (1986)

Peter SHERNER, et al., Appellants, v. Ambrose CULLITON, et al., Respondents.

Court of Appeals of Minnesota.

March 11, 1986.

Attorney(s) appearing for the Case

Timothy O. Lee, James Harper, Duluth, for appellants.

Joseph J. Roby, Jr., Duluth, for respondents.

Considered and decided by POPOVICH, C.J., and WOZNIAK and SEDGWICK, JJ., with oral argument waived.

OPINION

SEDGWICK, Judge.

Appellants, two Wrenshall Township farmers, sued respondents, members of the Wrenshall town board for damages. Appellants alleged that respondents exceeded their authority by enacting an ordinance that prohibits the use of sludge in Wrenshall Township. Summary judgment was entered for respondents. We affirm.

FACTS

Before enactment of this ordinance, appellants used sludge to fertilize their farmland in Wrenshall...

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