Midland Enterprises, Inc. v. City of Elmhurst

PRESIDING JUSTICE INGLIS

delivered the opinion of the court:

The Illinois Department of Transportation, Division of Water Resources (DWR), appeals from an order of the circuit court of Du Page County denying statutory injunctive relief. The DWR had sought a mandatory injunction against Midland Enterprises, Inc. (Midland), to remove two berms and a lift station it had constructed adjacent to its properties on the Salt Creek. The issues on appeal are: (1) whether the trial court had jurisdiction to review the permit conditions when the permit was subject to review pursuant to the Administrative…