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McMAHON v. HINES

No. 3-97-0770.

697 N.E.2d 1199 (1998)

298 Ill. App.3d 231

232 Ill.Dec. 269

James P. McMAHON, Plaintiff-Appellant and Cross-Appellee, v. Charles L. HINES III et al., Defendants-Appellees and Cross-Appellants (The Village of Hinsdale, Defendant).

Appellate Court of Illinois, Second District.

July 9, 1998.

Attorney(s) appearing for the Case

Robert A. Heap, Kuhn & Heap, Naperville, Robert G. Black, Naperville, for Bernadine T. Hines, Charles L. Hines, III.

Mark M. Lyman, Henderson & Lyman, Chicago, for James P. McMahon.

Justice COLWELL delivered the opinion of the court:

Defendants, Charles Hines and Bernadine Hines, appeal the trial court's order granting summary judgment in favor of the plaintiff, James McMahon. The trial court's order permitted McMahon to install an asphalt driveway over property granted as an easement to the defendants. On appeal, the defendants argue that the trial court erroneously concluded that a curb was not part of the easement. Further, the defendants...

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