Larsen v. Village of Lava Hot Springs

SMITH, Justice.

Defendant-appellant Village of Lava Hot Springs, a municipal corporation, is herein sometimes referred to as the Village.

Respondent seeks to enjoin the Village from constructing a lagoon type sewage stabilization plant in the near vicinity of respondent’s real property which borders the Portneuf River to the south, about one mile west of the Village. This appeal resulted from a judgment and decree enjoining the Village from constructing the lagoon.

Respondent in his complaint alleges that the Village, unless enjoined, will construct the proposed open type of sewage disposal…