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FREELAND v. DICKSON

No. 14511.

63 Ill. App.3d 13 (1978)

379 N.E.2d 903

LEE R. FREELAND et al., Plaintiffs-Appellees and Cross-Appellants, v. RICHARD DICKSON, Defendant-Appellant and Cross-Appellee.

Appellate Court of Illinois — Fourth District.

Rehearing denied September 14, 1978.

Attorney(s) appearing for the Case

Monroe, Wilson, Dyar, Houchen, McDonald & Taylor, of Decatur, for appellant.

Wayne L. Bickes, of Rosenberg, Rosenberg, Bickes & Johnson, Chartered, of Decatur, and John H. Armstrong and Richard F. Record, Jr., both of Craig & Craig, of Mattoon, for appellees.

Affirmed in part and reversed in part and remanded.

Mr. JUSTICE TRAPP delivered the opinion of the court:

Defendant appeals from a mandatory injunction which requires him to remove all "artificial obstructions" in a "waterway" across the land of the defendant lying east of a highway culvert on the west boundary of defendant's land "to maintain the maximum elevation of the waterway flowing east at the level of the flow line at the east end of the culvert,"...

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