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Pineschi v. Rock River Water Reclamation District

Case Date: 03/09/2004
Court: 2nd District Appellate
Docket No: 2-02-1337 Rel

No. 2--02--1337

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

KENNETH PINESCHI,

          Plaintiff-Appellee,

v.

ROCK RIVER WATER RECLAMATION
DISTRICT,

          Defendant-Appellant.

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)		 Appeal from the Circuit Court of
Winnebago County.


No. 02--AR--584


Honorable
Timothy R. Gill,
Judge, Presiding.

JUSTICE HUTCHINSON delivered the opinion of the court:

Defendant, the Rock River Water Reclamation District, appeals the trial court's denial of itsaction under section 2--1401 of the Code of Civil Procedure (the Code) (735 ILCS 5/2--1401 (West2000)) to vacate a default judgment in favor of plaintiff, Kenneth Pineschi. We affirm.

On June 27, 2002, plaintiff filed a six-count complaint alleging the following. Plaintiff ownsa house and lot at 6263 Vicksburg Road in Rockford's Vicksburg subdivision. On July 7, 2001,defendant's agents performed maintenance on the subdivision's sewer system. The work altered theflow of water and caused black water and fecal matter to back up onto plaintiff's lot and into thebasement of his home. As a result of the flooding, plaintiff and his family had to evacuate their homefor several days and spent $11,168.22 on alternative housing and repairing the damage. Thecomplaint sought this amount plus attorney fees and costs.

The complaint advanced six theories of recovery. Count I alleged that defendant wasnegligent in cleaning out the sewer from the higher-pitched north manhole to the lower-pitched southmanhole and in failing to guard against the flooding. Count II sounded in trespass. Count III claimedthat defendant created a nuisance and asked the trial court to enjoin defendant from dischargingmaterials onto plaintiff's property. Count IV sought damages under section 19 of the MetropolitanWater Reclamation District Act (the Act) (70 ILCS 2605/19 (West 2000)). Counts V and VI allegeda taking of plaintiff's property and sought compensation under, respectively, the fifth amendment tothe federal constitution (U.S. Const., amend. V) and article I, section 15, of the state constitution (Ill.Const. 1970, art. I,