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McCLAUGHRY v. VILLAGE OF ANTIOCH

Nos. 2-97-0397, 2-97-0572.

695 N.E.2d 492 (1998)

296 Ill. App.3d 636

230 Ill.Dec. 1002

William McCLAUGHRY et al., Plaintiffs-Appellants, v. The VILLAGE OF ANTIOCH et al., Defendants-Appellees. William McCLAUGHRY et al., Plaintiffs-Appellees, v. The VILLAGE OF ANTIOCH et al., Defendants-Appellants (METRA et al., Defendants).

Appellate Court of Illinois, Second District.

January 27, 1998.

Attorney(s) appearing for the Case

David G. Duggan, Law Offices of David G. Duggan, Chicago, C. Jeffrey Thut, Roach, Johnston & Thut, Libertyville, for Jeffrey Brock, James G. Duggan, Cecile Kelly, Brenda Lytner, Faye McClaughry, William McClaughry and Frank Weissmuller.

Kenneth M. Clark, Kenneth M. Clark & Associates, P.C., Antioch, for Village of Antioch and Marilyn Shineflug, Mayor.

Sue-Ann Rosen, Michael C. Noland, Northeast Illinois Railroad Corp., Joann C. Pelka, Northeast Illinois Regional Commuter RR Corp., Stephen C. Carlson, James B. Speta, Sidley & Austin, Chicago, for Northeast Illinois Regional Commuter Railroad Corp.

James A. Fletcher, James D. Helenhouse, Oppenheimer, Wolff & Donnelly, Chicago, for Wisconsin Central Ltd.

Justice RATHJE delivered the opinion of the court:

The plaintiffs, William McClaughry, Faye McClaughry, Cecile Kelly, Brenda Lytner, Jeffrey Brock, Frank Weissmuller, and James G. Duggan, brought suit against the defendants, the Village of Antioch, Marilyn Shineflug, in her capacity as mayor of Antioch (collectively the Village), METRA, and Wisconsin Central Ltd. (collectively the railroads). Count I of the suit sought a writ of mandamus ordering the Village...

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