BOARD OF HEALTH, TOWN OF LAKE v. Village of Warroad

Otis, Justice.

Plaintiff, Board of Health of Lake Township, Roseau County, seeks to impose penalties and to secure an injunction prohibiting defendant, village of Warroad, from maintaining a dumping ground within the township. A motion to dismiss the complaint for want of jurisdiction over the parties and subject matter and for failure to state a cause of action was denied below. Defendant secured a writ of prohibition to enjoin the court from proceeding to trial.

In challenging the court’s jurisdiction, defendant asserts that the proceedings are defective in the following respects: (1)…