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CITY OF CHICAGO v. BOULEVARD BANK NAT. ASS'N

No. 1-96-2799.

688 N.E.2d 844 (1997)

293 Ill. App.3d 767

228 Ill.Dec. 146

CITY OF CHICAGO, a Municipal Corporation, Plaintiff-Appellee, v. BOULEVARD BANK NATIONAL ASSOCIATION, As Trustee Under Trust Agreement Dated November 11, 1986 and Known as Trust Number 8348, Tommy's Chicago Bar and Grill, Plaza Bank, a Corporation of Illinois, the Mortgagee in the Mortgage Recorded as Document 92070440 and the Assignee in the Assignment of Rents Recorded as Documents 92070441, and the Secured Party in the Financing Statement Filed as Number 92U2202, Field's Restaurant, Harry Bockos, Bill Bockos, Golden P Corporation, Peter A. Palivos, Dearborn Restaurant and Lounge, Inc. and Unknown Owners, Defendants-Appellants.

Appellate Court of Illinois, First District, Sixth Division.

December 12, 1997.

Attorney(s) appearing for the Case

Winston and Strawn, Chicago (Mattias A. Lydon, Thomas V. Skinner, Carolyn F. McNiven and Raymond Perkins, of counsel), for Defendants-Appellants.

Susan Sher and Earl Neal & Associates, Chicago (Earl L. Neal, Richard F. Friedman, D. Rainell Rains, of counsel), for Plaintiff-Appellee.

Justice QUINN delivered the opinion of the court:

This case is brought on appeal from an August 5, 1996, order entered by the circuit court of Cook County denying defendants' traverse and motion to dismiss the City of Chicago's ("City") complaint for condemnation, with respect to the quick take of the Oliver Typewriter Building located at 159 North Dearborn Street.

On appeal, defendants contend that: (1) the trial court erred in holding that the City could...

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