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NICHOL v. VILLAGE OF GLEN ELLYN

Gen. No. 67-68.

89 Ill. App.2d 251 (1967)

231 N.E.2d 462

L. Dow Nichol, Jr. and Elsie L. Nichol, Plaintiffs-Appellants, v. The Village of Glen Ellyn, a Municipal Corporation, DuPage Trust Company, as Trustee Under a Trust Known as Trust #867, Emil J. Marslek, et al., Defendants-Appellees.

Appellate Court of Illinois — Second District.

November 29, 1967.

Attorney(s) appearing for the Case

Rathje, Woodward and Dyer, of Wheaton, Tenney, Bentley, Guthrie, Askow and Howell, and Edwin H. Conger, of Chicago, for appellants.

J. Edgar Kelly, of Glen Ellyn, and Lyle H. Rossiter, of Chicago, for appellees.

MR. JUSTICE MORAN delivered the opinion of the court.

This action was brought to enjoin the defendants from using an easement which the plaintiffs allegedly granted for private use. Essentially, the defendants argue that the easement was granted for the public use, and its benefits are not to be limited exclusively to the owners of the lots in the plaintiffs' subdivision.

In 1951, plaintiffs purchased the property in question, which was annexed to the defendant...

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