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DUNLAP LAKE PROP. OWNERS ASS'N v. EDWARDSVILLE

Term No. 59-F-4.

22 Ill. App.2d 95 (1959)

159 N.E.2d 4

Dunlap Lake Property Owners Association, Inc., a Non-Profit Corporation, H.E. Bruley et al., Plaintiffs-Appellees, v. City of Edwardsville, a Municipal Corporation of the State of Illinois, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Released for publication June 24, 1959.

Attorney(s) appearing for the Case

John D. Morrisey, and Donald M. Buckley, of Edwardsville, for defendant-appellant.

Eldon M. Durr, of Edwardsville, for plaintiffs-appellees.

PER CURIAM.

Plaintiffs are a non-profit corporation and its members who are owners of lots surrounding a private lake approximately one-fourth of a mile from the defendant city. They filed a suit in equity in the Circuit Court of Madison County seeking to enjoin the defendant from further use of a sanitary sewer by-pass which allegedly caused sewage to flow into the private lake. This appeal is brought from the entry of an injunction after a hearing and the overruling...

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