Marseilles Hydro Power, LLC v. Marseilles Land And Water Co.

299 F.3d 643 (7th Cir. 2002)

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Nature of the Case

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Facts

P owns a power plant that was powered by water from a canal, owned by D. P was required to pay rent to the owner of the canal and required the latter to keep the canal in good repair. P decided to put the plant back into service and became concerned about the state of the canal and in particular feared that the canal's wall was about to collapse. P brought suit to enforce the canal company's duty under the contract and moved for a preliminary injunction. The canal wall collapsed. D counterclaimed for the rent due under the contract, rent that P refused to pay until the canal was repaired. The judge awarded judgment for P. The judgment entitles the power company to enter upon the canal company's property for the purpose of repairing the canal wall and to obtain a lien on the property for the cost of the repair. D appealed.