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GROENINGS v. CITY OF ST. CHARLES

No. 2-90-1052.

574 N.E.2d 1316 (1991)

215 Ill. App.3d 295

158 Ill.Dec. 923

Charles J. GROENINGS, et al., as Cotrustees, et al., Plaintiffs-Appellants, v. The CITY OF ST. CHARLES et al., Defendants-Appellees.

Appellate Court of Illinois, Second District.

June 28, 1991.

Attorney(s) appearing for the Case

Robert S. Minetz, Cowan & Minetz, Chicago, Roy A. Safanda, Safanda & Brannen, Robert F. Casey, St. Charles, for Charles J. Groenings and John E. Groenings, Jr., Frank Fernholz, Thomas Groenings Trust, LaSalle Nat. Bank and Old Kent Bank-St. Charles NA.

Kenneth C. Shepro (argued), Clara Rubinstein, Altheimer & Gray, Chicago, Allen L. Landmeier (argued), James D. Skaar, Smith, Landmeier & Skaar, P.C., Geneva, for City of St. Charles and Village of Wayne.

Justice BOWMAN delivered the opinion of the court:

Plaintiffs appeal from orders dismissing their complaint for failure to state a cause of action and denying their subsequent motion to amend the complaint. The facts of this case, as alleged in the complaint, proposed amended complaint, and exhibits, disclose the following. The plaintiffs (Groenings) own approximately 80 acres of real estate located between, and contiguous to, the two defendants, City of St. Charles...

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