Town of Speedway v. Dugan

The appellee brought this action to restrain the appellant from constructing its proposed sewage treatment plant on the site now owned by the appellant. Upon the request of appellee a temporary injunction issued which enjoined the appellant from the construction of the plant pending a hearing on a permanent injunction. It is from this interlocutory order that this appeal is prosecuted.

The undisputed facts in this case are: that the appellant town has been duly ordered by the Stream Pollution Control Board of the State of Indiana to cease *703draining its sewage into Big Eagle Creek, and that…