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Experience

Water Rights Injunction

Private Lakeside Home Owner

Clients’ home was served by a water supply well that also provided water to a seasonal dwelling across the street. Clients terminated water supply when adjacent property owners began to expand the use of the adjacent dwelling. Adjacent owners sued, claiming they had a prescriptive easement, an implied easement and an easement by necessity. After a show cause hearing on plaintiffs’ application for a temporary injunction, clients were allowed to restrict plaintiffs’ use of the well and water. State legislature also passed Public Act No. 07-244 directed at prohibiting clients from terminating water supply. Successfully defended clients’ rights to terminate water supply to adjacent property. Betkowski v. McCormick, LLI-CV-06-4004622-S.

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