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TOWN OF LIBERTYVILLE v. NORTHWEST NAT'L BK.

No. 2-89-0105.

188 Ill. App.3d 809 (1989)

544 N.E.2d 1151

THE TOWN OF LIBERTYVILLE, Plaintiff-Appellant, v. NORTHWEST NATIONAL BANK OF CHICAGO, as Trustee, et al., Defendants-Appellees.

Appellate Court of Illinois — Second District.

Opinion filed September 28, 1989.

Attorney(s) appearing for the Case

Charles J. Siemon, Gerald P. Callaghan, James N. Azim III, and William D. McElyea, all of Siemon, Larsen & Purdy, of Chicago, for appellant.

Murray R. Conzelman, of Conzelman, Schultz, Snarski & Mullen, of Waukegan, for appellees.

Judgment affirmed.

JUSTICE LINDBERG delivered the opinion of the court:

Plaintiff, Town of Libertyville, filed an eminent domain action against defendants, Northwest National Bank of Chicago, as trustee under trust No. 2402, et al., seeking to condemn a 40-acre parcel of land pursuant to the Township Open Space Act (the Act) (Ill. Rev. Stat. 1987, ch. 139, par. 321 et seq.). The trial court, finding that the 40-acre parcel was not "open land...

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