Proulx v. Keene

By statute towns and cities are required to provide and maintain public dumping facilities, unless exempted from doing so by order of the State Board of Health. Laws 1955, c. 275, ss. 2, 3 (RSA 147:23, 23-a (supp.) ). The defendant argues that its motion to dismiss, made in advance of trial, was erroneously denied because the court is without authority to enjoin it from performing its legal duties. Clough v. Verrette, 79 N. H. 356; Rhyne, Municipal Law 797. The plaintiffs’ bills however did not seek to enjoin the city from operating a dump, but from operating a “burning dump” on the premises…