City of Council Grove v. Ossmann

The opinion of the court was delivered by

Miller, J.:

The City of Council Grove here sought to enjoin the defendant, Helen Ossmann, from continuing a common nuisance, and sought an order in the nature of a mandatory injunction requiring her to abate the nuisance. The trial court denied relief and the city appeals. The factual background is not in dispute.

Mrs. Ossmann was formerly Mrs. Harry L. Becker. Mr. Becker acquired title to a tract of real estate adjoining the city limits of Council Grove, Kansas, in 1947. The State Board of Health ap proved plans and specifications and thé city issued a…