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VILLAGE OF ARLINGTON HEIGHTS v. NAT. BANK

No. 76-762.

369 N.E.2d 502 (1977)

53 Ill. App.3d 917

12 Ill.Dec. 5

VILLAGE OF ARLINGTON HEIGHTS, a Municipal Corporation, Petitioner-Appellant, v. NATIONAL BANK OF AUSTIN, Trustee under Trust Agreement dated June 9, 1965, known as Trust No. 4077, James V. Insolia and unknown owner or owners, Defendants-Appellees.

Appellate Court of Illinois, First District, Second Division.

As Modified on Denial of Rehearing November 22, 1977.

Attorney(s) appearing for the Case

Jack M. Siegel, Chicago, for petitioner-appellant.

Righeimer, Righeimer & Martin, Chicago (Frank S. Righeimer, Jr., and Leo N. Cinquino, Chicago, of counsel), for defendants-appellees.

PERLIN, Justice:

This is an appeal by the petitioner, the Village of Arlington Heights (hereinafter Arlington Heights), from an order of the circuit court dismissing its petition to condemn a certain 10 acre tract of land for the purposes of water retention and flood control.

The real estate in question is located contiguous to but outside of the corporate limits of the village of Arlington Heights. Its legal and equitable owner is the National Bank of Austin...

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