State v. H. Samuels Co.

Several issues are raised in the briefs, but the only one which is dispositive of the case is whether the repeated violation of a city ordinance constitutes a public nuisance which ought to be enjoined.

H. Samuels Company, Inc., has operated a salvage business in block 137 in the city of Portage since the early 1900’s. In 1948 the junk business was expanded to include the salvaging of metals from automobiles and other machinery. Cranes were used after 1949, a guillotine shears after 1966, and a hammer mill about 1971. At one time Samuels operated around the clock, but at the time of trial the…