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WHITLOCK v. HILANDER FOODS, INC.

No. 2-98-1421.

720 N.E.2d 302 (1999)

308 Ill. App.3d 456

241 Ill.Dec. 847

Jonathan Spafford WHITLOCK, as Trustee of the Spafford Estate Trust Dated October 23, 1987, Plaintiff-Appellant, v. HILANDER FOODS, INC., Defendant-Appellee and Third-Party Plaintiff (Scandroli Construction Company et al., Third-Party Defendants).

Appellate Court of Illinois, Second District.

October 29, 1999.

Attorney(s) appearing for the Case

Elmer C. Rudy, Williams & McCarthy PC, Rockford, for Jonathan Spafford Whitlock.

Robert W. Gosdick, Kim M. Casey, Holsmtrom & Kennedy, Rockford, for Hilander Foods, Inc.

Presiding Justice BOWMAN delivered the opinion of the court:

Plaintiff, Jonathan Spafford Whitlock, as land trustee, holds the title to property directly south of property on which defendant, Hilander Foods, Inc., has long operated a grocery store. Recently, defendant built an addition to the store. The south retaining wall of the addition is on defendant's property, but the underground footings of the wall encroach on plaintiff's property. Plaintiff sued for a mandatory...

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