Incorporated Town of Carter Lake v. Anderson Excavating & Wrecking Co.

McCORMICK, Justice.

This appeal involves a dispute between a municipality and the operator of a private landfill. Plaintiff, The Incorporated Town of Carter Lake, Iowa, brought this action in equity to enjoin defendant Anderson Excavating and Wrecking Co., a Nebraska corporation, from operating a landfill in the town on grounds of violation of a town ordinance and maintenance of a public nuisance. The trial court denied injunctive relief. We affirm in part and reverse in part.

The appeal presents four questions: (1) is Ordinance 170 of Carter Lake a valid exercise of the municipal police power?…