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DAVIS v. HAVANA MINERAL WELLS, INC.

No. 13306.

48 Ill. App.3d 996 (1977)

363 N.E.2d 856

THOMAS DAVIS, Plaintiff-Appellant, v. HAVANA MINERAL WELLS, INC., Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Modified on denial of rehearing June 22, 1977.

Attorney(s) appearing for the Case

Heyl, Royster, Voelker & Allen, of Peoria (Richard N. Molchan and Larry T. Frantz, of counsel), for appellant.

Howard S. White, of White & Alexander, of Havana, for appellee.

Reversed and remanded.

Mr. JUSTICE GREEN delivered the opinion of the court:

Plaintiff Thomas Davis brought suit on behalf of himself and all similarly situated lot owners in Quiver Lake Chautauqua Park (hereinafter the Park) against defendant Havana Mineral Wells, Inc., the owner of the portions of the Park not platted as lots, for a declaratory judgment recognizing an easement in such lot owners for the use and enjoyment of the unplatted portions of the...

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