Illinois Bell Telephone Co. v. Lake County Grading Co. of Libertyville, Inc.

PRESIDING JUSTICE BOWMAN

delivered the opinion of the court:

Plaintiff, Illinois Bell Telephone Company, d/b/a Ameritech Illinois, appeals from the judgment of the circuit court of McHenry County dismissing count I of its second amended complaint for injunctive relief brought against defendant, Lake County Grading Company of Libertyville, Inc. Pursuant to section 13 of the Illinois Underground Utility Facilities Damage Prevention Act (220 ILCS 50/13 (West 1996)), plaintiff had sought a preliminary and permanent injunction requiring defendant to modify its work practices.

Count I of plaintiffs…