Lee v. City of Pontiac

This appeal presents an issue which the Illinois Supreme Court has not addressed since 1899, namely, the subject of percolating waters. Problems with this subject are ordinarily thought to be confined to the more arid parts of the United States, but recent concerns with water quality and quantity, coupled with changes in demography and climatic conditions in this State, cause a re-examination of our law in the light of plaintiff’s invitation to us to overrule prior authority. While such action is clearly beyond the province of this court, a review of existing doctrines may not be useless.

The…