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MIDWEST BK & T. CO. v. VIL. OF LAKEWOOD

No. 82-573.

113 Ill. App.3d 962 (1983)

447 N.E.2d 1358

MIDWEST BANK AND TRUST COMPANY, Trustee, et al., Plaintiffs-Appellants, v. THE VILLAGE OF LAKEWOOD et al., Defendants-Appellees.

Appellate Court of Illinois — Second District.

Opinion filed April 8, 1983.

Attorney(s) appearing for the Case

Daniel A. Mengeling, of Johnson and Mengeling, of Woodstock, for appellants.

Richard G. Flood and Sherry L. Holland, both of Zukowski, Poper, Rogers and Flood, of Crystal Lake, for appellees.

Affirmed in part, and reversed in part and remanded.

JUSTICE LINDBERG delivered the opinion of the court:

Landowners' complaint against the village of Lakewood and its president and trustees was dismissed by the trial court upon defendants' oral motion at the commencement of the trial. Because the motion was improperly considered, we reverse the dismissal of the complaint as against the village and remand. We affirm, however, the dismissal of the complaint...

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