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DIXON v. COUNTY OF KANE

Gen. No. 65-142.

77 Ill. App.2d 338 (1966)

222 N.E.2d 354

Warren L. Dixon and Daisy V. Dixon, His Wife, Plaintiffs-Appellants, v. The County of Kane, State of Illinois, a Body Politic and Corporate, Defendant-Appellee.

Appellate Court of Illinois — Second District.

December 20, 1966.

Attorney(s) appearing for the Case

Fawell and Larson, of Naperville, for appellants.

William R. Ketcham, State's Attorney, of Geneva, and G. William Richards, Assistant State's Attorney, of Aurora, for appellee.

MR. PRESIDING JUSTICE MORAN delivered the opinion of the court.

This appeal arises from a declaratory judgment action. In 1954 the plaintiffs purchased two and one-half lots on Molitor Road in Kane County. At that time Molitor Road was a two-lane gravel road, typical of the country area. Plaintiffs built their home on the property in question abutting a small creek to the rear. The entire area was then zoned "F" Farming in the unincorporated area of Kane County and...

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