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MIDLAND ENTERPRISES, INC. v. CITY OF ELMHURST

No. 2-91-0300.

624 N.E.2d 913 (1993)

191 Ill.Dec. 725

MIDLAND ENTERPRISES, INC., Plaintiff-Appellee and Counterdefendant-Appellee, v. The CITY OF ELMHURST, The City of Elmhurst Building Department, Thomas Borchert and Richard Swanson, Defendants (The Department of Transportation, Defendant-Appellant; The People of the State of Illinois ex rel. Department of Transportation, Division of Water Resources, Counterplaintiff-Appellant; Harold Reskin, President of Midland Enterprises, Inc., Counterdefendant-Appellees).

Appellate Court of Illinois, Second District.

December 10, 1993.

Attorney(s) appearing for the Case

Roland W. Burris, Atty. Gen., Jerald S. Post (argued), Asst. Atty. Gen., Rosalyn B. Kaplan, Sol. Gen., Chicago, for the People ex rel. Illinois Dept. of Transp., Div. of Water Resources.

Douglas C. Hancock, John Panegasser (argued), Caluwaert, Panegasser & Hancock, Elmhurst, for Midland Enterprises, Inc., Harold Reskin, President.

No atty. for City of Elmhurst, Thomas Borchert, Richard Swanson.

Presiding Justice INGLIS delivered the opinion of the court:

The Illinois Department of Transportation, Division of Water Resources (DWR) appeals from an order of the circuit court of Du Page County denying statutory injunctive relief. The DWR had sought a mandatory injunction against Midland Enterprises, Inc. (Midland), to remove two berms and a lift station it had constructed adjacent to its properties on the Salt Creek. The issues on appeal are: (1) whether the...

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