NATIONAL BOULEVARD BK. v. DEPT. OF TRANS.

No. 63145.

42 Ill. App.3d 820 (1976)

356 N.E.2d 904

NATIONAL BOULEVARD BANK OF CHICAGO et al., Plaintiffs-Appellants, v. THE DEPARTMENT OF TRANSPORTATION et al., Defendants-Appellees.

Appellate Court of Illinois — First District (5th Division).

Rehearing denied November 9, 1976.


Attorney(s) appearing for the Case

C. Jackson Darnall, of Franklin Park, for appellants.

William J. Scott, Attorney General, Richard E. Dowdle, Henry L. Hyde, and Nicholas S. Limperis, all of Chicago (Leonard W. Golan, Assistant Attorney General, of counsel), for appellees.


Reversed and remanded.

Mr. PRESIDING JUSTICE LORENZ delivered the opinion of the court:

Plaintiffs appeal from an order finding a 13.3-foot strip of their property to be a public highway by prescription as a result of having been used as a public way for vehicular traffic for 15 years, and denying plaintiff's request for injunctive relief. On appeal, they contend the judgment is against the manifest weight of the evidence.

Plaintiffs as owners and...

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