City of Des Plaines v. Metropolitan Sanitary District

Plaintiff, City of Des Plaines, appealed from the judgment of the circuit court of Cook County entered upon allowance of the motion of the defendant, the Metropolitan Sanitary District of Greater Chicago, to dismiss plaintiff’s complaint. The appellate court reversed (16 Ill. App. 3d 23) and we allowed defendant’s petition for leave to appeal.

This controversy is before us for the second time. In 1966 the defendant purchased a tract of land situated within the plaintiff city on which it proposed to construct a water-reclamation plant. A dispute arose between the parties concerning whether the…