Opinion
No. 46262.
November 5, 1976.
Injunction — denial of relief — review of court's findings.
Action in the St. Louis County District Court brought by Leonard and Patricia Forest, David L. and Audrey M. Lasky, and Edward Katzmarek, Jr., to enjoin defendants Katzmarek Iron Works, Inc., and Martin Katzmarek from carrying on a steel fabrication business allegedly in violation of a Duluth ordinance; to enjoin said city, its mayor, and its council from issuing a building permit for expansion of said business; and for damages and other relief. After findings for defendants, Donald C. Odden, Judge, plaintiffs appealed from the judgment entered. Affirmed.
Leo M. McDonnell, for appellants.
MacDonald, Munger Fillenworth and A. Blake MacDonald, for respondents Katzmarek.
William P. Dinan, City Attorney, and Robert E. Asleson, Assistant City Attorney, for respondent city.
Heard before Todd, MacLaughlin, and Yetka, JJ., and considered and decided by the court en banc.
This is an appeal from a judgment of the District Court of St. Louis County denying appellants a permanent injunction to halt the operation of defendant company's business, an award of damages, and other relief.
We have carefully examined the record and proceedings in this case and are satisfied that the findings of the district court are not clearly erroneous. Rule 52.01, Rules of Civil Procedure. Accordingly, the judgment is affirmed.
Affirmed.