CITY OF MAROA v. ILLINOIS CENT. R.R.

No. 4-91-0736.

592 N.E.2d 660 (1992)

229 Ill. App.3d 503

170 Ill.Dec. 224

The CITY OF MAROA, an Illinois Municipal Corporation, Plaintiff-Appellee, v. ILLINOIS CENTRAL RAILROAD, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

May 14, 1992.


Attorney(s) appearing for the Case

Baker & McKenzie (Francis D. Morrissey, Thomas F. Tobin, Michael A. Pollard, John C. Filosa, Maureen J. McGinnis, of counsel), Chicago, Erickson, Davis & Murphy, Ltd. (Garry E. Davis, of counsel), Decatur, for defendant-appellant.

Samuels, Miller, Schroeder, Jackson & Sly (Darrell A. Woolums, William M. Rice, of counsel), Decatur, for plaintiff-appellee.


Justice McCULLOUGH delivered the opinion of the court:

Defendant Illinois Central Railroad (IC) appeals from a summary judgment entered by the circuit court of Macon County in this declaratory judgment action initiated by plaintiff the City of Maroa (Maroa). In bringing this action, Maroa sought a declaration that IC has abandoned and forfeited its interest in the 200-foot right-of-way within the city limits of Maroa and that Maroa is the owner of this property. IC...

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