TOWN OF LIBERTYVILLE v. BANK OF WAUKEGAN

No. 2-86-0794.

152 Ill. App.3d 1066 (1987)

504 N.E.2d 1305

THE TOWN OF LIBERTYVILLE, Plaintiff-Appellant and Cross-Appellee, v. BANK OF WAUKEGAN, as Trustee, et al., Defendants-Appellees and Cross-Appellants.

Appellate Court of Illinois — Second District.

Rehearing denied April 1, 1987.


Attorney(s) appearing for the Case

Charles L. Siemon, Gerald P. Callaghan, and Andrew C. Stansell, all of Siemon, Larsen, Mattlin & Purdy, of Chicago, for appellant.

James T. Magee and Hilary J. Negele, both of James T. Magee & Associates, of Round Lake, for appellees.


Affirmed in part, and reversed and remanded in part.

JUSTICE REINHARD delivered the opinion of the court:

Plaintiff, the town of Libertyville (township), filed a complaint for condemnation pursuant to the Township Open Space Act (Act) (Ill. Rev. Stat. 1985, ch. 139, par. 321 et seq.) seeking to condemn a "less than fee simple" interest in certain real property held in trust by defendant, the Bank of Waukegan, under trust No. 666 for the benefit of defendants...

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