City of Des Moines v. Harvey

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 in Des Moines. Approximately half of defendant’s real estate consists of a pit filled with water to a depth of 25 to 30 feet. Most of the…