Court of Claims of Illinois February 6, 1992, No. 91-CC-1747 (Kemp Drainage District by User No. 1 v. State)

OPINION

Sommer, J.

This cause came to be heard on a motion to dismiss filed by the Respondent. Oral argument was held before the Court on November 12,1991.

In 1983, the Kemp Drainage District filed an application with the Illinois Department of Transportation requesting a permit to perform work in the channel and floodplain of Deer Creek, Douglas County.