Halpin v. Schultz

Defendant, Peter Schultz (hereinafter referred to as defendant), appeals from an order of the Grundy County circuit court allowing plaintiffs, Francis Halpin, Scott Halpin, and the estate of Merville T. Christensen, by and through its executor, Rodger Christensen, to “replace and maintain” agricultural tile on defendant’s farmland without his permission. After carefully reviewing the record, we vacate the circuit court’s order.

BACKGROUND

On April 26, 2005, plaintiffs filed a two-count complaint in the Grundy County circuit court alleging that defendants prevented them from exercising their…