Hawkins v. Talbot

Dell, Chief Judge.

Plaintiffs seek to permanently enjoin the operation of a gravel pit located in the village of Coon Rapids on the ground that it is being operated in violation of a village ordinance, and on the further basis that it constitutes a nuisance. The matter was tried by the court without a jury. Plaintiffs appeal from a judgment for the defendant.

The evidence and the unchallenged findings of fact indicate that the plaintiffs 1 owned and occupied certain dwellings along the Mississippi River. The defendant, Paul Talbot, and his predecessors, who shall hereafter be referred to…