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FOLEY v. CITY OF YANKTON

No. 11395.

230 N.W.2d 476 (1975)

R. J. FOLEY and Otto Isaak, Plaintiffs and Appellants, v. CITY OF YANKTON, A Municipal Corporation, Yankton County, South Dakota, Defendant and Respondent.

Supreme Court of South Dakota.

Rehearing Denied July 18, 1975.

Attorney(s) appearing for the Case

Everett A. Bogue of Bogue, Weeks & Rusch, Vermillion, for plaintiffs and appellants.

James T. Goetz of Goetz, Hirsch, Haar & Blackburn, Yankton, for defendant and respondent.

DUNN, Chief Justice.

The plaintiffs in their amended complaint sought to prohibit the defendant city from making any further deposits of refuse, debris or garbage upon or near the north embankment of an arm or chute of the Missouri River between Rush Island, owned by plaintiffs, and the defendant's land (Lot 4) which had been used as a dump ground since 1939; they also sought a mandatory injunction requiring the city to remove from this arm of the Missouri River above...

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