Rosenthal v. City of Crystal Lake

A storm sewer system owned by defendant, the City of Crystal Lake, is buried on property owned by plaintiff, Robert P. Rosenthal. Plaintiff filed a four-count complaint against the city in the circuit court of McHenry County alleging causes of action in ejectment and trespass, as well as seeking an injunction and a writ of mandamus to compel the city to institute eminent domain proceedings. The trial court denied defendant’s motion for summary judgment and granted plaintiff’s cross-motion for summary judgment on all counts. Defendant appeals, arguing that plaintiff is not entitled to the…