NEWKIRK v. BIGARD

No. 60754.

109 Ill.2d 28 (1985)

485 N.E.2d 321

WALTER NEWKIRK et al., Appellants, v. JOSEPH G. BIGARD et al., Appellees.

Supreme Court of Illinois.

Rehearing denied December 2, 1985.


Attorney(s) appearing for the Case

Richard Briles Moriarty, of Effingham, for appellants.

Lawrence Eaton, of Eaton, Eaton & Tomaw, of Newton, for appellee Joseph G. Bigard et al.

Neil F. Hartigan, of Springfield (Jill Wine-Banks, Solicitor General, and Rosalyn B. Kaplan, Assistant Attorney General, of Chicago, of counsel), for appellee Brad Evilsizer.


Appellate court affirmed in part and reversed in part; circuit court affirmed.

JUSTICE RYAN delivered the opinion of the court:

Plaintiffs, Walter and June Fay Newkirk, filed a declaratory judgment action in the circuit court of Jasper County requesting the court to declare an order of the State mining board void ab initio in its entirety. Plaintiffs' complaint also requested that title to the mineral estate be quieted in plaintiffs. The circuit court...

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