Alderson v. Fatlan

Leo Fatlan, Irene Agazzi, Joann Polcyn, Howard Reeves, Henry Tameling and the First National Bank of Joliet in its capacity as trustee under Trust No. 1855 (hereinafter collectively referred to as Fatlan), owners of a flooded quarry, appeal from a judgment of the circuit court of Will County granting summary judgment to adjacent landowners in a declaratory judgment action seeking right to use the surface waters of the quarry. Fatlan maintains that the trial court erred as a matter of law in finding that the plaintiffs have rights to the surface of the flooded quarry. We reverse and remand.

The…