Pleasant Hill Cemetery Association v. Morefield

Illinois Appellate Court
Civil Court
Case Number: 
2013 IL App (4th) 120645
Decision Date: 
April 10, 2013
4th Dist
McLean Co.
Cemetery Association and its tenant farmer sued township road commissioner for allegedly altering surface flow of water, and thus damaging farmland, by constructing a new farm drainage system which altered natural drainage patterns on farmland. Damaging land by altering flow of surface water is a nuisance, and a nuisance is a tort. Thus, Tort Immunity Act applies. Township was not willful and wanton in deciding that safety of drivers outweighed the risk of disrupting drainage patterns on farmland, as unrebutted affidavit stated that water over the road had been washing away the shoulders and endangering drivers, and thus culverts were installed under road to redirect water flow.(STEIGMANN and KNECHT, concurring.)