Foley v. City of Yankton

DUNN, Chief Justice.

The plaintiffs in their amended complaint sought to prohibit the defendant city from making'any further deposits of refuse, debris or garbage upon or near the north embankment of an arm or chute of the Missouri River between Rush Island, owned by plaintiffs, and the defendant’s land (Lot 4) which had been used as a dump ground since 1939; they also sought a mandatory injunction requiring the city to remove from this arm of the Missouri River above described any and all refuse, garbage, debris or material allegedly deposited there by the defendant in the past. The trial…