Shulte v. Flowers

Illinois Appellate Court
Civil Court
Expert Witnesses
Case Number: 
2013 IL App (4th) 120132
Decision Date: 
Friday, February 8, 2013
4th Dist
Sangamon Co.
Plaintiffs, owners of mobile-home park, sued owner of 9 acres of land across from mobile home park, alleging that he had caused them damages by altering his land so as to increase flow of surface water onto their land. Although court initially awarded Plaintiffs $80,000 after bench trial, court properly granted motion for reconsideration as to all issues, as Plaintiffs failed to prove their case. It is not possible, without expert testimony, to separate effect of higher than average rainfall from effect of Defendant's construction activities, and thus Plaintiffs left court with state of uncertainty as to extent wo which increased flooding was attributable to Defendant. Plaintiffs had burden to prove that Defendant's development of his land was unreasonable in burdens it placed on Plaintiffs' land. (KNECHT and TURNER, concurring.)