A heated battle between neighbors over earthen berms, concrete dams and the loss of tranquility has erupted into a new Madison County lawsuit.
John Koesterer of Granite City filed a three-count complaint against his neighbor, Michael Case on Nov. 3.
Koesterer is seeking an amount greater than $150,000 and an injunction against Case to tear down earthen berms that have created a nuisance.
Represented by Alexander M. Wilson of the Scroggins Law office in Granite City, Koesterer alleges that the earthen berms and concrete dams Case built next to his land prevent proper drainage.
Case owns land adjacent to Koesterer's business at 4262 Highway 162.
According to the complaint, the berms that were put in place Aug. 10 impede the natural flow of water on Koesterer’s land and cause flooding. The flooding diminishes Koesterer’s quiet enjoyment of his property, the complaint states.
Koesterer alleges that the flooding also results in the impairment and damage to his property and increases the risk of disease and insects.
In the second count of Koesterer’s complaint he alleges that Case built a trench on his property and cut subterranean power lines leading to a business sign that requires electricity. Koesterer claims he had to expend $575 worth of labor to repair the damage done by Case.
Koesterer is seeking an injunction against Case and an order for him to trim and remove trees, weeds, and noxious plants that abut his land.
Case allegedly became hostile and threatening when Koesterer tried to remove weeds, trees and noxious plants that grew over the property line and threatened his fence and diminished his property value.
This case has been assigned to Circuit Judge Phillip Kardis in Granite City.
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