This section contains the nature of the case and procedural background.

Glocester entered into a contract with Davis (D) to use property as a commercial dump. The Citizens (P) alleged that D's use of the land violated the Fresh Water Westlands Act by dumping trash and fill in a wetlands area without a permit that the dump and its operation was a nuisance and they sought injunctive relief and money damages. Prior to the trial, the town was permitted to intervene as a plaintiff. Glocester then claimed that D breached the terms of its contract with him. The trial judge found for D on all issues. P appealed.

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