The Redwood Gazette

LANDOWNER FILES SEWAGE NUISANCE SUIT AGAINST CITY

Mrs. Elizabeth Peabody Asks Court to Enjoin City to Abate Nuisance DAMAGES TO DATE, $2,000

City Attorney Instructed to File Answer: Case Will be Tried in October

Charging that the dumping of the city's sewage in the Redwood river near her farm constitutes a nuisance, a complaint was filed in district court Saturday by Mrs. Elizabeth Peabody against the city of Redwood Falls asking that the court permanently enjoin the city from continuing the nuisance and for $2,000 damages.

The case will be heard at the fall term of court which opens here October 22.

The complaint reviews the history of the sewage question, stating that in May of this year the city's sewage outlets which previously emptied into the river above Ramsey park were connected with a main sewer which empties at a point below the park near the Peabody farm. It further contends that although the city is building a preliminary treatment plant, this will abate the nuisance by only 25 per cent.

It states that by reason of the sewage condition, the Peabody premises are unfit for human occupancy, that it is a health menace and breeding place for flies and insects.

Although $2,000 damages are asked, the complaint states that this amount is for damages to the day of filing the suit. Consequently paying this amount would not necessarily settle the case. The plaintiff, it is believed, wishes the city to make its preliminary plant a complete plant.

It would be possible to pipe the sewage past the Peabody place but this might result in suits from landowners farther down the river. North Redwood is only a short distance beyond the Peabody farm.

G. P. Smith of Mankato, former engineer here and A. C. Dolliff of Redwood Falls are representing Mrs. Peabody. Mr. Dolliff appeared before the council sometime ago on the matter and later councilmen visited the Peabody farm. They authorized a plan which was approved by the state and ERA employees are now digging out the channel so that pools in which sewage collects will drain.

This is not mentioned in the complaint.

Councilmen met in special session Monday night at the city hall to discuss the suit and what can be done about it. Members voiced the opinion that everything has been done that can be at this time. Leon H. Brown, city attorney, was instructed to file an answer within the required 20 days.

A vote of thanks was given the Redwood County Game Protective league for work done in beautifying spots around the city pump house on Lake Redwood.

They also discussed the fire which destroyed part of the water tower Saturday. The B. F. Lane company, already working on the tank, is to (Continued on page eight)