Dunlap Lake Property Owners Ass'n v. City of Edwardsville

Plaintiffs are a non-profit corporation and its members who are owners of lots surrounding a private lake approximately one-fourth of a mile from the defendant city. They filed a suit in equity in the Circuit Court of Madison County seeking to enjoin the defendant from further use of a sanitary sewer by-pass which allegedly caused sewage to flow into the private lake. This appeal is brought from the entry of an injunction after a hearing and the overruling of defendant’s motion to vacate. It is urged that plaintiffs did not prove the existence of a nuisance per se and are therefore not…