Smith v. City of Woodstock

Mr. JUSTICE THOMAS J. MORAN

delivered the opinion of the court:

From an order enjoining further operations of a sewage treatment plant and the construction of a proposed storm drain, the defendant appeals contending that the trial court abused its discretion.

The sewage treatment plant, located upstream from plaintiffs properties, began operating on August 4, 1971. Its treated effluents discharge directly into the Kishwaukee River, a natural watercourse which runs through the premises in question. On September 29, 1971, plaintiffs filed their complaint for injunction.

Evidence adduced at trial…