In 1986, the circuit court determined that, under the prevailing case law, plaintiffs only had a property right to that portion of the lake that was above their land and that they did not have a right to use the entire lake. 167 Ill. App. Plaintiffs subsequently amended the action to include a request for injunctive relief prohibiting defendant from interfering with their use of the entire lake. Defendant moved to dismiss this complaint under the doctrine of res judicata. Defendant now appeals from the trial court ruling on her motion to dismiss and from the entry of the permanent injunction.
Defendant initially contends that the trial court erred in failing to dismiss plaintiffs' complaint.
She points to our 1988 opinion and again argues that res judicata barred plaintiff's action. This contention presents a question of law rather than an issue of fact. Disputed questions of law are reviewed de novo. People ex rel. 227 Ill. App.