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AMER. NAT'L BK & TR. CO. v. CARROLL

No. 83-1088.

122 Ill. App.3d 868 (1984)

462 N.E.2d 586

AMERICAN NATIONAL BANK & TRUST COMPANY OF CHICAGO et al., Plaintiffs-Appellees, v. JOHN P. CARROLL, Indiv. and d/b/a Carroll Builders, Defendant-Appellant (Ziebell Water Service Products, Inc. et al., Defendants).

Appellate Court of Illinois — First District (5th Division).

Opinion filed March 16, 1984.

Attorney(s) appearing for the Case

Reuben & Proctor, of Chicago (Edward G. Proctor, Thomas F. Ging, and James R. Daley, of counsel), for appellant.

Kirkland & Ellis, of Chicago (Cornelius J. Harrington, Jr., Frank L. Winter, and James N. Nowacki, of counsel), for appellees.

Judgment affirmed.

JUSTICE WILSON delivered the opinion of the court:

Defendant, John P. Carroll, a land developer and builder, appeals from preliminary and permanent injunctions entered by the trial court enjoining him from tunnelling under plaintiff Fairfield's land in order to connect into water and sewer lines located therein. The issues presented for review are: (1) whether the trial court erred in its interpretation of an ordinance which, when complied...

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