Ruth v. Aurora Sanitary District

Defendant appeals from a decree of the circuit court of Kane County ordering the trustees of the Aurora Sanitary District to abate an existing nuisance caused by the discharge of untreated or inadequately treated sewage into the Fox River. The appeal is directed to this court because of defendant’s attack on the constitutionality of a statute.

The Aurora Sanitary District, organized about 1927 under the Sanitary District Act of 1917 (Ill. Rev. Stat. 1957, chap. 42, par. 299 et seq.), originally consisted of an area of 10 square miles with a population of approximately 40,000, including mainly…