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HICKEY v. ILL. CENTRAL R.R. CO.

No. 37677.

30 Ill.2d 163 (1964)

195 N.E.2d 716

LAWRENCE P. HICKEY et al., Appellants, v. ILLINOIS CENTRAL RAILROAD COMPANY, Appellee. — (THE CITY OF CHICAGO, Intervenor-Appellant.)

Supreme Court of Illinois.

Opinion filed January 22, 1964.

Attorney(s) appearing for the Case

BURTON H. YOUNG and LEONARD R. HARTENFELD, of Chicago, and JOHN C. MELANIPHY, Corporation Counsel, of Chicago, (SYDNEY R. DREBIN and JOHN O. TUOHY, Assistants Corporation Counsel, of counsel,) for appellants.

JOSEPH H. WRIGHT, HERBERT J. DEANY, ROBERT S. KIRBY, A.E. PETERSON, JOHN MANN, and WILLIAM M. RICE, all of Chicago, for appellee.

Order vacated and cause remanded.

Mr. JUSTICE HOUSE delivered the opinion of the court:

This action was instituted by four individual taxpayers against the Illinois Central Railroad Company to enjoin it from asserting ownership of certain reclaimed lake-front lands, and seeking a declaratory judgment that fee-simple title thereto is vested in the State of Illinois and the city of Chicago, subject to the railroad's right to use such lands solely for railroad...

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