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McHENRY STATE BANK v. CITY OF McHENRY

No. 82-123.

113 Ill. App.3d 82 (1983)

446 N.E.2d 521

McHENRY STATE BANK, Trustee, Plaintiff-Appellant, v. THE CITY OF McHENRY, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Modified on denial of rehearing April 4, 1983.

Attorney(s) appearing for the Case

Gerard C. Heldrich, Jr., of Chicago, for appellant.

Bernard V. Narusis, of Narusis and Narusis, of Cary, for appellee.

Reversed and remanded.

JUSTICE HOPF delivered the opinion of the court:

The plaintiff, McHenry State Bank, trustee under Trust No. 860, appealed from an order of the trial court dismissing its complaint for declaratory judgment. (Ill. Rev. Stat. 1981, ch. 110, par. 2-701.) This order was in accordance with a motion made by the defendant, city of McHenry (city), at the close of the plaintiff's case.

Peter Tutera is the beneficial owner of the property...

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