Plainfield Township, IL, residents have filed a lawsuit against the Lakelands Community Homeowners Association over a Lakelands subdivision berm that they say will put their property under
water during heavy storms. A temporary restraining order halting work on the DuPage River block was
issued last week by a Will County judge, and a preliminary injunction
that would stop construction until the matter is settled in court is
being sought. The plaintiffs have hired Joliet attorney Carl Buck and expect to hire an engineering expert witness to testify that while the berm
will prevent the river from flooding the Lakelands subdivision, the
water it diverts will flood property farther down river.
The proof, they say, is the flooding that occurred after heavy storms in September 2008. Lakelands used sandbags to create a temporary berm, which the plaintiffs say created higher river levels elsewhere and resulted in an overflow of water onto their land. "They may have a right to block the water on their property, but they don't have a right to divert it and push it back onto other property," plaintiff Carl Bryant said.
Excerpted from www.chicagosuburbannews.com.
The proof, they say, is the flooding that occurred after heavy storms in September 2008. Lakelands used sandbags to create a temporary berm, which the plaintiffs say created higher river levels elsewhere and resulted in an overflow of water onto their land. "They may have a right to block the water on their property, but they don't have a right to divert it and push it back onto other property," plaintiff Carl Bryant said.
Excerpted from www.chicagosuburbannews.com.
