Bennion v. Pronto Foods, Inc.

Defendant, Pronto Foods', Inc., appeals from an order permanently enjoining it from discharging or stor*622ing waste or effluent from its potato processing plant upon a parcel of land contiguous to plaintiff.

In 1964, parcel 21 was sold on a real estate contract to the Hattori brothers. Parcel 1 remained in plaintiff’s trustee ownership. Thereafter the Hattori brothers leased a portion of parcel 2 to defendant for use as a settling pond and waste reservoir. The Hattori brothers also allowed defendant to sprinkle liquid waste upon portions of their land that would on occasion run upon plaintiff’s…