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MAMOLELLA v. FIRST BK. OF OAK PARK

No. 80-1727.

97 Ill. App.3d 579 (1981)

423 N.E.2d 204

RALPH MAMOLELLA et al., Plaintiffs-Appellants, v. FIRST BANK OF OAK PARK, Trustee, et al., Defendants. — (FRANK MAMOLELLA, JR., d/b/a Frank's West Side Auto Parts, et al., Defendants-Appellees.)

Appellate Court of Illinois — First District (2nd Division).

Opinion filed June 16, 1981.

Attorney(s) appearing for the Case

Richard L. Hoffman, of Skokie, for appellants.

Stanley Garber, of Chicago (Robert R. Retke and Jerome A. Siegan, of counsel), for appellee City of Chicago.

Roger F. Maritote & Law Offices, of Chicago (Philip S. Aimen, of counsel), for other appellees.

Affirmed in part, and reversed in part and remanded.

Mr. JUSTICE STAMOS delivered the opinion of the court:

Plaintiffs Ralph and Maria Mamolella filed an action in the circuit court of Cook County, seeking to enjoin a purpresture. The purpresture was created when defendants Frank Mamolella, Jr., and Atomic Auto Recycling, Inc., fenced off and appropriated for their own use a portion of an alley belonging to the City of Chicago. The City, which took no action...

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