Raabe v. Messiah Evangelical Lutheran Church of Port Byron

As a result of the flooding of their home in Port Byron, Illinois, plaintiffs Willi and Diane Raabe brought an action to recover damages and to secure an injunction against the owners of certain realty across Highway 84 from them. The trial court entered summary judgment in favor of defendants Messiah Evangelical Lutheran Church (hereafter Church) and Darwin and Susan Olsen (Olsens) and denied summary judgment as to the other defendant, Brinkman & Pessman Lumber Co. (Brinkman). Two appeals were filed: Plaintiffs appealed from the summary judgments entered in favor of defendants, the Church…