HERITAGE SHELTER CARE HOME, INC. v. MILLER

No. 75-99.

31 Ill. App.3d 700 (1975)

334 N.E.2d 355

THE HERITAGE SHELTER CARE HOME, INC., Plaintiff-Appellant, v. ROBERT MILLER et al., Defendants-Appellees.

Appellate Court of Illinois — Fifth District.

Rehearing denied September 30, 1975.


Attorney(s) appearing for the Case

Robert L. Douglas, of Robinson, for appellant.

William E. Larrabee and Harlan Heller, both of Harlan Heller, Ltd., of Mattoon, and E.H. Price, of Robinson, for appellees.


Appeal dismissed.

Mr. JUSTICE CARTER delivered the opinion of the court:

Plaintiff, The Heritage Shelter Care Home, sought an injunction against defendants, Robert and Marylou Miller, claiming that an easement by prescription or a public way existed over a driveway located on the defendants' property. The court temporarily restrained defendants from interfering with plaintiff's asserted right to the use of the driveway in question. Defendants answered and...

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