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PAGE v. BLOOM

No. 5-90-0448.

584 N.E.2d 813 (1991)

223 Ill. App.3d 18

165 Ill.Dec. 379

K. Joe PAGE and Laura A. Page, Plaintiffs-Appellees, v. Kenneth BLOOM, Mary Bloom, Mert Thayer and Kathleen Thayer, Defendants-Appellants. (Good Enterprises, Inc., Counterplaintiff-Appellant, v. K. Joe Page, Laura A. Page and George Spotanski, Counterdefendants-Appellees).

Appellate Court of Illinois, Fifth District.

Rehearing Denied January 21, 1992.

Attorney(s) appearing for the Case

Mark J. Ballard, Campbell, Black, Carnine & Hedin, P.C., Mt. Vernon, for Mert Thayer, Kathleen Thayer, and Good Enterprises, Inc.

John D. Drew, Benton, for Kenneth Bloom and Mary Bloom.

Richard O. Hart, Hart & Hart, Benton, for K. Joe Page, Laura A. Page, and George Spotanski.

Justice CHAPMAN delivered the opinion of the court:

Plaintiffs, K. Joe Page and Laura A. Page, brought suit requesting a declaratory judgment, a permanent injunction and damages against the defendants, Kenneth Bloom, Mary Bloom, Mert Thayer and Kathleen Thayer, whom they allege obstructed their use of a prescriptive easement over defendants' property. Defendants denied the existence of the easement as well as any damages to plaintiffs as a result of the obstruction...

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