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VILLAGE OF CARY v. TROUT VALLEY ASS'N

No. 2-97-0687.

696 N.E.2d 1154 (1998)

297 Ill. App.3d 63

231 Ill.Dec. 583

The VILLAGE OF CARY, Plaintiff-Appellee and Cross-Appellant, v. TROUT VALLEY ASSOCIATION, Defendant-Appellant and Cross-Appellee.

Appellate Court of Illinois, Second District.

June 1, 1998.

Attorney(s) appearing for the Case

Margaret M. Borcia, Donald T. Morrison, Morrison & Morrison, P.C., Waukegan, for Trout Valley Ass'n.

Leo N. Cinquino, Celeste P. Cinquino, Righeimer, Martin & Cinquino, P.C., Chicago, for Village of Cary.

Justice COLWELL delivered the opinion of the court:

The Village of Cary (the Village) filed a petition to condemn two easements running across Trout Valley Association's (the Association's) property. In its petition, the Village alleged that section 11-139-12 of the Illinois Municipal Code (65 ILCS 5/11-139-12 (West 1996)) authorized the condemnation. The Association moved to dismiss, in part arguing that, because the Village's authorizing ordinance did not comply...

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