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ROSENTHAL v. CITY OF CRYSTAL LAKE

No. 2-87-1026.

171 Ill. App.3d 428 (1988)

525 N.E.2d 1176

ROBERT P. ROSENTHAL, Plaintiff-Appellee and Cross-Appellant, v. THE CITY OF CRYSTAL LAKE, Defendant-Appellant and Cross-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed June 29, 1988.

Attorney(s) appearing for the Case

Kurnik, Cipolla, Stephenson, Barasha & O'Dell, of Arlington Heights (Cory P. O'Dell, of counsel), for appellant.

Zukowski, Rogers & Flood, of Crystal Lake (Andrew T. Freund, of counsel), for appellee.

Affirmed as modified.

JUSTICE DUNN delivered the opinion of the court:

A storm sewer system owned by defendant, the City of Crystal Lake, is buried on property owned by plaintiff, Robert P. Rosenthal. Plaintiff filed a four-count complaint against the city in the circuit court of McHenry County alleging causes of action in ejectment and trespass, as well as seeking an injunction and a writ of mandamus to compel the city to institute eminent domain proceedings...

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