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VILLAGE OF CYPRESS v. GREEN

No. 5-85-0827.

154 Ill. App.3d 119 (1987)

506 N.E.2d 762

THE VILLAGE OF CYPRESS, Plaintiff-Appellee, v. FRED GREEN, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed April 8, 1987.

Attorney(s) appearing for the Case

Sara Nierste, of Ronald E. Osman & Associates, Ltd., of Dongola, for appellant.

Edward J. Kionka, of Murphysboro, and Brocton Lockwood, of Marion, for appellee.

Affirmed in part, and reversed in part and remanded.

JUSTICE JONES delivered the opinion of the court:

Plaintiff, the Village of Cypress (village), brought suit against the defendant, Fred Green, a resident of the village, seeking damages for obstruction of a strip of land that was claimed by the village as a public road within its corporate limits. The village claimed that the land had become a public way through prescriptive use by the public for 15 years...

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