First Baptist Church v. Toll Highway Authority

This appeal is from a judgment following a bench trial in the circuit court of Du Page County. Defendant, the Toll Highway Authority, raises three issues for our review: (1) whether the lawsuit of plaintiff, First Baptist Church of Lombard, is barred by the statute of limitations; (2) whether the trial court erred in finding defendant responsible for flooding to plaintiffs land; and (3) whether the trial court applied an incorrect measure of damages in this case of continuing trespass. Finding merit only in defendant’s third issue, we affirm in part and vacate in part and remand to the…