Docket No. 106537.
THE STATE OF ILLINOIS
FRANCIS HALPIN et al., Appellants, v. PETER SCHULTZ,
Opinion filed June 18, 2009.
JUSTICE KARMEIER delivered the judgment of the court, with
Chief Justice Fitzgerald and Justices Freeman, Thomas, Kilbride,
Garman, and Burke concurred in the judgment and opinion.
Francis Halpin, Scott Halpin, and the estate of Merville T.
Christensen (hereinafter referred to as plaintiffs) own certain
farmland in Grundy County. At issue in this case is their right under
the Illinois Drainage Code (70 ILCS 605/1–1 et seq. (West 2004)) to
enter onto neighboring property owned by Peter Schultz for the
purpose of replacing underground drainage tile. After Schultz refused
to consent to installation of the replacement tile, plaintiffs filed suit
against him for declaratory, injunctive and monetary relief. Following
a bench trial, the circuit court of Grundy County entered an order
permitting plaintiffs to install the replacement tile on defendant’s
property, but specifying that plaintiffs would be liable for any