McPeak holds that a sewer line is only appurtenant to the property upon which it is located. Here, the off-site sewer line is located outside the Bourbon Square property and, thus, it is not appurtenant thereto. Therefore, we reverse the circuit court's order granting summary judgment to defendants on plaintiff's complaint and remand for further proceedings. In Bishop, the court considered whether landowners had the right to intervene when the construction company sued the village to recover monies paid pursuant to an unconstitutional ordinance. Bishop did not involve the issue here, i.e., whether an off-site sewer line is appurtenant to the property that it services.
Defendants also cite cases from other states.
However, these cases are not binding on this court. 291 Ill. App. 210 Ill. App. Instead, we follow McPeak, the controlling Illinois authority. Next, defendants argue that the MWRD sewer permit conveyed title to the sewer to them.