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SDS PARTNERS, INC. v. CRAMER

No. 4-98-0543.

713 N.E.2d 239 (1999)

305 Ill. App.3d 893

238 Ill.Dec. 993

SDS PARTNERS, INC., Plaintiff-Appellant, v. John E. CRAMER, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

June 30, 1999.

Attorney(s) appearing for the Case

Nolan Lipsky, Petersburg, for SDS Partners, Inc.

Chris E. Reif, Grosboll, Becker, Tice & Smith, Petersburg, for John E. Cramer.

Justice COOK delivered the opinion of the court:

In June 1991, the estate of H.R. McGarvey sued John and Helen Cramer, alleging the Cramers built a dam on their property that caused the natural flow of water to flow onto McGarvey's adjacent property. The parties settled in March 1992. The settlement order provided:

"This cause coming on to be heard for trial and it appearing to the court that the parties have effected a settlement of this matter, which settlement...

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