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ROARK v. MACOUPIN CREEK DRAINAGE DIST.

No. 4-98-1004.

738 N.E.2d 574 (2000)

316 Ill.App.3d 835

250 Ill.Dec. 358

Nancy ROARK, Plaintiff-Appellant, v. MACOUPIN CREEK DRAINAGE DISTRICT, Dale Getting, and Kenneth Crane, Defendants-Appellees (Virginia Lee Johnston, Muriel Lewis, Leona Boushka, Mildred Ann Bray, James L. Shanks, Debra Pinnock, Ronald Shanks, Cheryl Cobb, Linda McKnight, and Judy Brecheisen, Defendants).

Appellate Court of Illinois, Fourth District.

Rehearing Denied November 21, 2000.

Attorney(s) appearing for the Case

John W. Guntren, Jerseyville, for Nancy Roark.

Karen L. Kendall, Craig L. Unrath, Heyl, Royster, Voelker & Allen, Peoria, Scott D. Spooner, Heyl, Royster, Voelker & Allen, Sprinfield, for Macoupin Creek Drainage District.

Justice MYERSCOUGH delivered the opinion of the court:

In August 1994, plaintiff, Nancy Roark, filed a complaint under the Illinois Drainage Code (Drainage Code) (70 ILCS 605/1-1 through 12-23 (West 1992)) against defendants, claiming damages and requesting injunctive relief regarding defendants' failure to maintain the drainage system. In November 1994, Roark filed an amended complaint. Defendants responded by filing a motion to dismiss Roark's complaint as being...

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