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PEOPLE EX REL. WITTE v. BIG CREEK DRAINAGE

No. 5-86-0653.

159 Ill. App.3d 576 (1987)

512 N.E.2d 62

THE PEOPLE ex rel. MICHAEL WITTE, Director, Illinois Department of Conservation, Plaintiff-Appellee, v. BIG CREEK DRAINAGE DISTRICT NO. 2, Defendant-Appellant (David Diehl, Intervenor).

Appellate Court of Illinois — Fifth District.

Rehearing denied August 31, 1987.

Attorney(s) appearing for the Case

Sara Nierste, of Ronald E. Osman & Associates, Ltd., of Dongola, for appellant.

Neil F. Hartigan, Attorney General, of Springfield (Roma Jones Stewart, Solicitor General, and Bret A. Rappaport, Assistant Attorney General, of Chicago, of counsel), for appellee Illinois Department of Conservation.

Judgment affirmed.

PRESIDING JUSTICE KARNS delivered the opinion of the court:

The People, on the relation of the Director of the Illinois Department of Conservation, brought this suit against Big Creek Drainage District No. 2 to enjoin it from undertaking any activities, other than minor maintenance involving less than $100 in expenditures and two man-hours' labor, in the Cache River Basin in Pulaski County without notice to the Department of Conservation...

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