Alster v. Allen

*662The opinion of the court was delivered by

Dawson, J.:

This was an action to enjoin the defendant from operating a creamery station in such a manner as to constitute it a nuisance to the plaintiffs.

It appears that in 1928 defendant purchased three town lots at the southwest corner of Fifth and Pottawatomie streets in Leavenworth and set about the erection of a creamery station thereat. The city has no zoning ordinance. The locality was mainly, but not exclusively, a residence district. There were some small business establishments nearby. Immediately west of the creamery station, with only a…