Lima Lake Drainage District v. Hunt Drainage District

561 N.E.2d 1351, 204 Ill. App. 3d 521, 149 Ill. Dec. 655, 1990 Ill. App. LEXIS 1598
CourtAppellate Court of Illinois
DecidedOctober 12, 1990
DocketNo. 3—90—0140
StatusPublished
Cited by3 cases

This text of 561 N.E.2d 1351 (Lima Lake Drainage District v. Hunt Drainage District) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lima Lake Drainage District v. Hunt Drainage District, 561 N.E.2d 1351, 204 Ill. App. 3d 521, 149 Ill. Dec. 655, 1990 Ill. App. LEXIS 1598 (Ill. Ct. App. 1990).

Opinion

JUSTICE STOUDER

delivered the opinion of the court:

The plaintiff, Lima Lake Drainage District of Adams County, filed suit against the defendant, Hunt Drainage District of Hancock County, for breach of contract. The plaintiff alleged, inter alia, that the defendant had failed to remove the internal waters from a 692-' acre area of land within the defendant district and had allowed water therefrom to flow into the plaintiff district. The defendant filed a counterclaim for damages on behalf of certain landowners within its district, alleging that the plaintiff had failed to drain water from certain land within the defendant district as required by an agreement between the parties. Following a bench trial, the court ruled that the contract between the parties had not been breached. The court further ruled that the plaintiffs claim was barred by the applicable 10-year statute of limitations. Thereafter, the court denied the plaintiff’s motion to reconsider. The plaintiff appeals.

The record reveals that the parties are public levee and drainage districts. The defendant district consists of approximately 16,039 acres and is situated wholly in Hancock County. The plaintiff district consists of 13,476 acres and is situated wholly in Adams County. The southern boundary of the defendant district is coextensive with the northern boundary of the plaintiff district.

During the 1880’s, both districts were organized and were each protected by a levee constructed by the Army Corps of Engineers. The levee formed the western boundary of the districts. In May of 1920, the commissioners of the respective districts agreed to formulate and implement a comprehensive scheme of internal drainage for the benefit of both districts. To accomplish that task, they employed engineers Robert Isham Randolph and Webster R Bushnell to make a study and survey of both districts and to report thereon with the necessary maps, plats, plans, profiles, and estimates of cost for the proposed work.

On February 1, 1921, the drainage plan proposed by engineers Randolph and Bushnell and their report, together with the maps, plans, profiles and estimates of cost for the proposed work, were approved by the respective districts and were expressly made a part of the contract governing the internal drainage of the districts. The contract provided among other things that the internal drainage of each district was to be the burden and obligation of each district individually and that neither district should permit its internal waters to flow into and upon the lands of the other. The contract excepted a 2,050-acre area of land in the southeast corner of the defendant district, known as the Wehner territory. Water arising upon the Wehner territory was to be drained into the plaintiff district.

Thereafter, the engineers submitted an amended report and plan of drainage dated June 1, 1922, which was also approved by the respective districts. On July 26, 1922, the Adams County and Hancock County courts, after making some modifications, approved the contract, which incorporated by reference the 1921 and 1922 engineering reports.

Construction of the drainage project was completed by the early 1930’s. In 1981, the plaintiff filed the instant suit alleging that the defendant had violated the contract from its inception to the time of the filing of suit in that the defendant throughout that period had failed by means of ditches, drains, levees, and pumping plants to take care of and remove the internal waters from a specified 692-acre area located in the defendant district and not a part of the Wehner territory. The plaintiff further alleged that the defendant had breached the contract by permitting water arising on the 692 acres to flow into and upon the lands of the plaintiff district. In support of its position, the plaintiff relied on the following contractual language:

“[T]he internal drainage of each district is the burden and obligation of each district individually; and *** each district shall by means of ditches, drains, levees and pumping plants, take care of and remove the internal waters within its boundaries and protect its lands and the other district therefrom at its own proper charge and expense and without cost or contribution from the other district in such behalf; and neither district shall suffer or permit any of its internal waters to flow into and upon the lands of the other district, except however that the water arising upon a tract of land in the southeast corner of Hunt Drainage District embracing 2050 acres, hereinafter referred to as the Wehner Territory, and hereinafter more particularly bounded and described, but excluding the waters of the remainder of the district, shall, subject to the terms and conditions of this contract, be drained into the ditches of the Lima Lake District.”

Prior to trial, the defendant filed a motion to dismiss the plaintiff’s complaint, alleging that the plaintiff’s claim was barred by the applicable statute of limitations. The trial court granted the defendant’s motion, but allowed the plaintiff leave to file an amended complaint alleging only breaches of contract occurring in the 10 years preceding the suit and during its pendency.

The plaintiff subsequently filed an amended complaint. In count I, it sought damages for increased pumping and ditch clean-out costs incurred during the 10 years before the filing of the suit and thereafter. In count II, it requested a mandatory injunction to compel the defendant’s future compliance with the contract. In count III, it requested in the alternative that the defendant reimburse the plaintiff pursuant to sections 11 — 2 and 11 — 9 of the Illinois Drainage Code (the Code) (Ill. Rev. Stat. 1989, ch. 42, pars. 11 — 2, 11 — 9) for future expenses resulting from the defendant’s failure to perform under the contract.

The evidence at trial showed that water from the 692-acre area in the defendant district did drain upon the land of the plaintiff district, thereby increasing the ditch clean-out and pumping costs in the plaintiff district beyond what they would otherwise be. The evidence further showed that the situation had remained the same from the time the parties completed their work in the early 1930’s until the time of trial. The evidence also showed that the ditches and levees in the area in question were constructed in accordance with the plans approved by the district commissioners and the county courts in 1921 and 1922.

Given that the instant trial commenced more than 60 years after the contract was approved by the county courts, no testimony was presented from the framers of the contract, the engineers who prepared the drainage plans, or the original landowners affected by the drainage system. However, various witnesses, including the current commissioners of both districts, testified either that they were unaware that the 692-acre area drained into the plaintiff district or that they believed the area was part of the Wehner territory.

William Klinger testified that he had worked as an engineer for the plaintiff from 1936 until 1972 and for the defendant from the early 1940’s until the time of trial. He stated that he was aware of the 692-acre area, but believed it was part of the Wehner territory. He noted that he had knowledge of the contours of the 692-acre area and that he periodically reviewed the contour maps with the commissioners of both districts.

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561 N.E.2d 1351, 204 Ill. App. 3d 521, 149 Ill. Dec. 655, 1990 Ill. App. LEXIS 1598, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lima-lake-drainage-district-v-hunt-drainage-district-illappct-1990.