MAKANDA TP. ROAD v. DEVILS KITCHEN WATER

No. 5-07-0108.

885 N.E.2d 1210 (2008)

MAKANDA TOWNSHIP ROAD DISTRICT, a Public Corporation, Acting by and Through Danny D. Williams, Highway Commissioner of Makanda Township, Plaintiff-Appellee and Cross-Appellant, v. DEVILS KITCHEN WATER DISTRICT, a Public Water District, Defendant-Appellant and Cross-Appellee.

Appellate Court of Illinois, Fifth District.

April 7, 2008.


Attorney(s) appearing for the Case

P. Michael Kimmel, Gilbert, Kimmel, Huffman, Prosser & Hewson, Ltd., Carbondale, IL, for Appellant.

Gregory A. Veach, Attorney at Law, Carbondale, IL, for Makanda Township Road District.

David O. Edwards, Colin M. Haley, Giffin, Winning, Cohen & Bodewes, P.C., Springfield, IL, Amicus Curiae brief for Township Officials of Illinois.


Justice DONOVAN delivered the opinion of the court:

Makanda Township Road District (Road District) sought injunctive relief, damages, and fines against Devils Kitchen Water District (Water District) involving certain water lines under Road District's roadways. The parties filed cross-motions for a summary judgment, and the trial court granted Road District's motions for a summary judgment with regard to the counts of the complaint seeking a declaratory judgment, injunctive...

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