Bollweg v. Richard Marker Associates, Inc.

I. INTRODUCTION

Plaintiff, Michael J. Bollweg, obtained a preliminary injunction preventing defendant, Richard Marker Associates, Inc., from changing the existing flow of water from defendant’s property across plaintiffs property. Defendant has brought this interlocutory appeal. We affirm.

II. BACKGROUND

On November 5, 2003, plaintiff filed a complaint for damages and injunctive relief. He and defendant own adjoining properties. Plaintiffs property lies between defendant’s property and the Fox River. Defendant began developing its property, once agricultural, into a residential development.…