GOSNELL v. CITY OF TROY, ILL.

No. 94-3814.

59 F.3d 654 (1995)

Otis GOSNELL, Sandra Gosnell, and Supreme Supplies, Inc., Plaintiffs-Appellants, v. CITY OF TROY, ILLINOIS, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 5, 1995.


Attorney(s) appearing for the Case

Christine L. Olson, Bruce L. Carmen (argued), D. Kendall Griffith, Hinshaw & Culbertson, Chicago, IL, William F. Kopis, Hinshaw & Culbertson, Belleville, IL, Alan D. Walker, Dailey & Walker, Granite City, IL, for plaintiffs-appellants.

John L. McMullin, Kenneth A. Slavens, Brown & James, St. Louis, MO, John P. Long (argued), Troy, IL, for defendants-appellees.

Before CUMMINGS, EASTERBROOK, and KANNE, Circuit Judges.


EASTERBROOK, Circuit Judge.

In 1978 plaintiffs (collectively the Gosnells) filed a plat for the construction of a residential subdivision. The Troy City Council approved, and the Gosnells set to work. As construction crews dug a drainage swale in 1983, springs underneath began to fill it with water; crews tried to solve this problem by digging a wider swale, which did not work. Before long the subdivision had a lagoon. Al Hemann, chairman of the City's planning commission...

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