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PEOPLE OF STATE OF ILL. v. SANITARY DIST., ETC.

No. 80 C 4775.

498 F.Supp. 166 (1980)

PEOPLE OF the STATE OF ILLINOIS and the Metropolitan Sanitary District of Greater Chicago, a Municipal Corporation, Plaintiffs, v. The SANITARY DISTRICT OF HAMMOND, a Municipal Corporation; Joseph A. Perry; Thomas C. Conley; Gilbert Delaney; Theodore Dunajeski; and the City of Hammond, Indiana, a Municipal Corporation, Defendants.

United States District Court, N. D. Illinois, E. D.

October 20, 1980.

Attorney(s) appearing for the Case

Kenneth Anspach, Asst. Atty. Gen., Tyrone C. Fahner, Atty. Gen., George Wm. Wolff, Chief Environmental Control Div., Chicago, Ill., James Murray, Metropolitan Sanitary District of Greater Chicago, Chicago, Ill., for plaintiffs.

Jeremiah Marsh, David O. Toolan, Michael Schneiderman, John L. Conlon, Hopkins, Sutter, Mulroy, Davis & Cromartie, Chicago, Ill., for defendants.

MEMORANDUM OPINION AND ORDER

CROWLEY, District Judge.

This complaint alleges that the Sanitary District of Hammond, Indiana (Hammond) unlawfully dumped raw sewage into Lake Michigan causing injury to the People of the State of Illinois. The five-count Complaint was originally filed in the Circuit Court of Cook County and then removed by Hammond. Count III is based on the federal common law of nuisance, Illinois v. City of Milwaukee,

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