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DEPARTMENT OF CONSERVATION v. CIPRIANI

No. 1-89-1928.

561 N.E.2d 739 (1990)

202 Ill. App.3d 986

149 Ill.Dec. 369

DEPARTMENT OF CONSERVATION of the State of Illinois, v. Henry CIPRIANI, et al., Defendants Margaret Dash, Mary Lou Doyle and First Bank of Oak Park, as Trustee, Defendants-Appellants.

Appellate Court of Illinois, First District, First Division.

Rehearing Denied September 26, 1990.

As Modified on Denial of Rehearing October 9, 1990.

Attorney(s) appearing for the Case

William M. Doty, Jr., Chicago, James R. Platt, Chicago, William J. Harte, Chicago, of counsel, for defendants-appellants.

Neil F. Hartigan, Atty. Gen., Earl L. Neal & Associates, Sp. Asst. Atty. Gen., Chicago (Terrance Lee Diamond, of counsel), for plaintiff-appellee.

Justice O'CONNOR delivered the opinion of the court:

Pursuant to 2-1401 of the Illinois Code of Civil Procedure, (Ill.Rev.Stat.1987, ch. 110, par. 2-1401), Margaret Dash, Mary Lou Doyle, and First Bank of Oak Park (defendants) sought relief from a judgment entered in the circuit court of Cook County in an eminent domain action. The 2-1401 petition was denied and defendants appeal.

On April 19, 1982, the Department of Conservation (the Department) filed suit...

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