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CITY OF PEORIA v. KEEHNER

Nos. 82-202, 82-167, 82-172, 82-118, 82-181 cons.

115 Ill. App.3d 130 (1983)

449 N.E.2d 1376

THE CITY OF PEORIA, Plaintiff-Appellee, v. CLARENCE W. KEEHNER et al., Defendants-Appellants — (The Township of Medina et al., Intervening Appellants). — THE CITY OF PEORIA, Plaintiff-Appellee, v. COMMERCIAL NATIONAL BANK OF PEORIA, Trustee, et al., Defendants — (The Township of Medina et al., Intervening Appellants).

Appellate Court of Illinois — Third District.

Opinion filed June 3, 1983.

Attorney(s) appearing for the Case

Jack Cassidy, of Cassidy & Mueller, and Kehr Law Offices, P.C., both of Peoria, for appellant Chillicothe Township Park District.

Tim Bertschy, of Heyl, Royster, Voelker & Allen, of Peoria, for appellant Township of Medina.

Anthony P. Corsentino, Ltd., of Peoria, for appellants Clarence W. Keehner and Leona Mae Keehner.

Tim Swain, Beth Johnson, David L. Thomas, and Eric Margolis, all of Peoria, for appellee.

Judgment reversed.

PRESIDING JUSTICE BARRY delivered the opinion of the court:

This appeal arises out of condemnation proceedings filed by the city of Peoria for the purpose of acquiring 495 acres of land outside the boundaries of the city for park and recreation purposes.

In 1977 the city of Peoria and the Pleasure Driveway and Park District of Peoria entered into an intergovernmental cooperation agreement whereby the city agreed to use its powers...

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