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CITY OF MATTOON v. PARADISE TOWNSHIP

No. 4-84-0467.

131 Ill. App.3d 327 (1985)

475 N.E.2d 644

THE CITY OF MATTOON, Plaintiff and Counterdefendant-Appellee, v. PARADISE TOWNSHIP et al., Defendants-Appellants (Stephen J. Uphoff, Paradise Township Road Commissioner, Counterplaintiff-Appellant).

Appellate Court of Illinois — Fourth District.

Opinion filed March 4, 1985.

Attorney(s) appearing for the Case

Robert E. Cummins, of Kidwell, Cummins & Bast, of Mattoon, for appellants.

James R. Covington III, of Glenn & Logue, of Mattoon, for appellee.

Affirmed in part, and reversed in part and remanded.

JUSTICE TRAPP delivered the opinion of the court:

On August 22, 1983, the city of Mattoon (Mattoon) filed a declaratory judgment action in the circuit court of Coles County asking the court to determine whether it or Paradise Township (Paradise) was responsible for maintenance of Lake Paradise Road. On November 10, 1983, Paradise filed a counterclaim for declaratory judgment maintaining Lake Paradise Road...

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