Benno v. Central Lake County Joint Action Water Agency

Plaintiff, Edward L. Benno, appeals pro se from the orders of the trial court which dissolved a temporary restraining order (TRO), dismissed plaintiff’s complaint for trespass, and awarded damages to defendant, the Central Lake County Joint Action Water Agency. The essential issue on appeal is whether a utility is free to dig and install a water main in plaintiff’s land without securing plaintiff’s permission or exercising the power of eminent domain where the State of Illinois has the right to use that land for highway purposes.

On October 23, 1991, plaintiff filed a pro se petition for a TRO…