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MARES v. DuQUOIN EAST LAKE ASS'N

No. 5-88-0625.

190 Ill. App.3d 640 (1989)

546 N.E.2d 1036

OTTO F. MARES et al., Plaintiffs-Appellees, v. DuQUOIN EAST LAKE ASSOCIATION, INC., Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed October 18, 1989.

Attorney(s) appearing for the Case

Jerry B. Smith, of DuQuoin, for appellant.

Gayl S. Pyatt, of Pinckneyville, for appellees.

Affirmed in part and reversed in part.

JUSTICE HOWERTON delivered the opinion of the court:

In the beginning, there was one owner of one tract of land and there was a lake and a pond upon the land.

Part of the land was low and marshy and so the owner put a drain pipe in the earth between the lake and pond. Time passed, and the pipe became clogged with roots and silt, and the drain slowed to a trickle.

Then the land was divided into two tracts...

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