WEHDE v. REGIONAL TRANSP. AUTHORITY

Nos. 2-95-1395, 2-95-1479.

672 N.E.2d 843 (1996)

284 Ill. App.3d 297

220 Ill.Dec. 26

Steven WEHDE et al., Plaintiffs-Appellants, v. REGIONAL TRANSPORTATION AUTHORITY, Defendant-Appellee (American National Bank and Trust Company of Waukegan, as Trustee, Plaintiff). Steven WEHDE et al., Plaintiffs, v. REGIONAL TRANSPORTATION AUTHORITY, Defendant-Appellant (American National Bank and Trust Company of Waukegan, as Trustee, Plaintiff-Appellee).

Appellate Court of Illinois, Second District.

October 24, 1996.


Attorney(s) appearing for the Case

Christin Wehde (on the brief), Ingleside, for Plaintiffs-Appellants.

John W. Quinn, John P. Richtman, Churchill, Baumgartner & Quinn, Ltd., Grayslake, for Regional Transportation Authority (METRA).

Clayton P. Voegtle (on the brief), Voegtle & Lichter, Libertyville, for American National Bank & Trust Co. of Waukegan.


Justice RATHJE delivered the opinion of the court:

This cause of action was brought by plaintiffs, Steven and Christin Wehde (the Wehdes) and American National Bank and Trust Company, as trustee under trust No. 983 (American), to declare their rights to a prescriptive easement in the nature of a crossing over the railroad right-of-way of the defendant, the Regional Transportation Authority, and to enjoin defendant from...

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