Fountain Head Drainage District v. City of Champaign

Appeal is taken from an order of the circuit court of Champaign County entering judgment in favor of the plaintiff, the Fountain Head Drainage District (District), and denying the motion for summary judgment of the defendant city of Champaign (city). Relying principally upon section 12 — 3 of the Illinois Drainage Code (Code) (Ill. Rev. Stat. 1985, ch. 42, par. 12 — 3), the court’s judgment order requires that the city seek and obtain the consent of the District before it may erect or replace any structure spanning District ditches within Champaign city limits. The judgment order further…