The Vandalia Levee and Drainage District v. Peck, No. 5-10-0564, 2012 Ill. App. Unpub. LEXIS 2968 (Ill. Ct. App. Dec. 4, 2012)

(plaintiff brought suit alleging landowner’s levees constituted a nuisance and violated drainage laws and prescriptive flood easement; trial court held for landowner and plaintiff appealed; on appeal, court reversed; appellate court held landowner’s action in building levees without a permit and without regard to the adverse impact on neighbors was unreasonable and created a nuisance; court also held plaintiff proved a prescriptive easement for flooding; court also held plaintiff presented adequate proof of damages through modeling and expert testimony and that injunctive relief was proper; court remanded case to trial court for a determination of damages).