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CITY OF ALTON v. UNKNOWN HEIRS

No. 80-89.

95 Ill. App.3d 1072 (1981)

424 N.E.2d 1155

THE CITY OF ALTON, Plaintiff-Appellant, v. UNKNOWN HEIRS, DEVISEES OR ASSIGNS OF RUFUS EASTON, et al., Defendants. — (ILLINOIS TERMINAL RAILROAD COMPANY et al., Defendants-Appellees.)

Appellate Court of Illinois — Fifth District.

Rehearing denied May 26, 1981.

Attorney(s) appearing for the Case

Thad R. Carter, James E. Schrempf, and Robert E. Ryan, all of Alton, for appellant.

William J. Scott, Attorney General, and David Lincoln Ader, both of Chicago (Russell C. Grimes, Jr., Assistant Attorney General, of counsel), for appellees Robert H. Carroll and Sam Thames.

Judgment affirmed.

Mr. JUSTICE KARNS delivered the opinion of the court:

The plaintiff City of Alton appeals from the judgment of the Circuit Court of Madison County declaring that the use of lands in Alton for a proposed highway would be inconsistent with the dedicators' intent that grounds adjacent to the Mississippi River be used as a "common" or "promenade" and as a "landing." Robert Carroll and Sam Thames, citizens of Alton, and the Attorney General,...

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