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MIDLAND ENTERPRISES, INC. v. CITY OF ELMHURST

No. 2-91-0300.

589 N.E.2d 1019 (1992)

226 Ill. App.3d 494

168 Ill.Dec. 619

MIDLAND ENTERPRISES, INC., Plaintiff-Appellee and Counterdefendant-Appellee, v. The CITY OF ELMHURST et al., Defendants (The Department of Transportation, Defendant-Appellant; The People ex rel. The Department of Transportation, Division of Water Resources, Counterplaintiff-Appellant; Harold Reskin, Counterdefendant-Appellee).

Appellate Court of Illinois, Second District.

March 20, 1992.

Attorney(s) appearing for the Case

Roland W. Burris, Atty. Gen., Jerald S. Post, Asst. Atty. Gen., State of Ill., argued, and Rosalyn B. Kaplan, Sol. Gen., Chicago, for the People.

Caluwaert, Panegasser & Hancock, Douglas C. Hancock and John Panegasser, argued, Elmhurst, for Midland Enterprises, Inc. and Harold Reskin, President.

Presiding Justice INGLIS delivered the opinion of the court:

The Illinois Department of Transportation, Division of Water Resources (DWR) appeals from an order of the circuit court of Du Page County denying statutory injunctive relief. The DWR had sought a mandatory injunction against Midland Enterprises, Inc. (Midland), to remove two berms and a lift station it had constructed adjacent to its properties on the Salt Creek. The issues on appeal are: (1) whether the...

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