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RUTH v. AURORA SANITARY DISTRICT

No. 35224.

17 Ill.2d 11 (1959)

158 N.E.2d 601

WILLIAM H. RUTH, Appellee, v. THE AURORA SANITARY DISTRICT, Appellant.

Supreme Court of Illinois.

Opinion filed May 22, 1959.

Attorney(s) appearing for the Case

ROBERT E. DOLPH, of Aurora, for appellant.

STURMAN AND BLOCH, of Chicago, (ALLAN R. BLOCH, and MARTIN L. SILVERMAN, of counsel,) for appellee.

LATHAM CASTLE, Attorney General, of Springfield, (WILLIAM C. WINES, Assistant Attorney General, of counsel,) for amicus curiae, The Sanitary Water Board.

Affirmed in part and reversed in part and remanded.

Mr. JUSTICE HOUSE delivered the opinion of the court:

Defendant appeals from a decree of the circuit court of Kane County ordering the trustees of the Aurora Sanitary District to abate an existing nuisance caused by the discharge of untreated or inadequately treated sewage into the Fox River. The appeal is directed to this court because of defendant's attack on the constitutionality of a statute.

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