People ex rel. Baise v. Harris

Plaintiff, the Illinois Department of Transportation (Department), filed a complaint for injunctive relief against the defendants, Merlin and Eilene Harris, in the circuit court of McLean County. The complaint alleged that the defendants violated section 23 of “An Act in relation to the regulation of the rivers, lakes and streams of the State of Illinois” (Act) (Ill. Rev. Stat. 1985, ch. 19, par. 70), by constructing a stream enclosure on their property without approval or a permit from the Department. Following a hearing, the circuit court issued an order of mandatory injunction, compelling…