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FOREST PRESERVE DIST. v. MARQUETTE NAT. BANK

No. 3-90-0186.

567 N.E.2d 635 (1991)

208 Ill. App.3d 823

153 Ill.Dec. 677

FOREST PRESERVE DISTRICT OF WILL COUNTY, a Body Corporate and Politic, Plaintiff-Appellant, v. MARQUETTE NATIONAL BANK, as Trustee Under the Provisions of a Trust Agreement dated May 2, 1988, and known as Trust No. 11830, Marquette National Bank, a National Banking Association, as Trustee of the Trust Deed Recorded August 3, 1988 as Document #R88-35758; Chicago Title & Trust Company, as Trustee of the Trust Deed Recorded August 31, 1989 as Document # R89-044166, and "Unknown Owners", Defendant-Appellant.

Appellate Court of Illinois, Third District.

February 14, 1991.

Attorney(s) appearing for the Case

Joseph H. Singer, Kroesch & Kavanagh Law Office, Ltd., Joliet, for Forest Preserve Dist.

Edward Petka, Plainfield, for Marquette Nat. Bank and Chicago Title & Trust Co.

Justice McCUSKEY delivered the opinion of the court:

The plaintiff, Forest Preserve District of Will County, Illinois (hereinafter "District"), appeals the trial court's order dismissing its condemnation action. We affirm.

In 1978, the District filed a similar, if not identical, action to condemn the subject property. The Circuit Court of Will County dismissed the action with prejudice pursuant to stipulation by the parties.

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