Merriam v. McConnell

PRESIDING JUSTICE KILEY

delivered the opinion of the court.

Plaintiff sued for a permanent injunction to restrain defendants from “maintaining and growing . . . box elder trees which annually host and are infested by box elder bugs, or by otherwise controlling such vermine so as to limit them to defendants’ premises.” The trial court dismissed the cause and plaintiff has appealed.

The motion admitted the well pleaded facts: Plaintiff and defendants own and reside on adjoining properties in a well-populated residential area of Northfield. Defendants “maintain and grow” on their property a large…