Costas v. City of Fond Du Lac

The defendant claims it has not created a nuisance by the operation of its sewage-disposal plant; the plaintiffs have suffered no irreparable injury; the condition of the injunction is impossible of performance; and the' court may not direct the details and the manner in which a nuisance is to be abated. Because of the agreement of the parties concerning the finality and quantity of the proof, the decision of the court must be tested by the rules applicable to a final judgment.

The city of Fond du Lac since 1913 has operated a sewage-disposal plant in the north end of the city not far from…