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ROMANO v. VILLAGE OF GLENVIEW

No. 1-94-3578.

660 N.E.2d 56 (1995)

277 Ill.App.3d 406

213 Ill.Dec. 799

Joseph ROMANO et al., Plaintiffs-Appellants, v. The VILLAGE OF GLENVIEW, Defendant-Appellee (American National Bank and Trust Company of Chicago, as Trustee, et al., Defendants; The Glenview Park District, Intervening Defendant-Appellee.)

Appellate Court of Illinois, First District, Second Division.

December 19, 1995.

Attorney(s) appearing for the Case

Smith & Herzog, Chicago (Marc C. Smith, of counsel), for Appellants.

Robbins, Salomon & Patt, Ltd., Chicago (Richard Lee Stavins and Jeffrey M. Randall, of counsel), for Appellee Village of Glenview.

Witwer, Poltrock & Giampietro, Chicago (Samuel W. Witwer, Jr., and Daniel G. Musca, of counsel), for Appellee Glenview Park Dist.

Justice HARTMAN delivered the opinion of the court:

Plaintiffs, homeowners within a subdivision developed by Wedgewood Drive Associates, Ltd. (Wedgewood), initiated an action for injunctive and declarative relief, seeking to prevent the Village of Glenview (Glenview) from abusing easements granted to it for "underground utilities, water, sewer and drainage easements." The circuit court granted Glenview's motion for judgment on the pleadings, pursuant to section 2...

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