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PEOPLE EX REL. ILLINOIS HISTORIC PRESERVATION AGENCY v. ZYCH

No. 84514.

710 N.E.2d 820 (1999)

186 Ill.2d 267

238 Ill.Dec. 23

The PEOPLE of the State of Illinois ex rel. ILLINOIS HISTORIC PRESERVATION AGENCY et al., Appellees, v. Harry ZYCH, d/b/a American Diving & Salvage Company, et al., Appellants.

Supreme Court of Illinois.

April 15, 1999.

Attorney(s) appearing for the Case

Paul N. Keller, Park Ridge (Peter E. Hess of Wilmington, Delaware, and David J. Bederman, Atlanta, GA), for Harry Zych, CIGNA Property and Casualty Insurance Co. and Lady Elgin Foundation, Inc.

John P. Schmidt, Assistant Attorney General, Chicago, for People ex rel. Illinois Historic Preservation Agency, Dept. of Transportation.

Richard T. Robol, Columbus-America Discovery Group, Columbus, OH, for Amicus Curiae, Columbus-America Discovery Group.

James E. Mann, National Trust for Historic Preservation, Chicago, for Amicus Curiae, National Trust for Historic Preservation.

Chief Justice FREEMAN delivered the opinion of the court:

Plaintiff, the State of Illinois ex rel. Illinois Historic Preservation Agency and Department of Transportation (State), brought this declaratory judgment action seeking a determination that it owned the remains of the shipwrecked Lady Elgin under the Abandoned Shipwreck Act of 1987 (Act) (43 U.S.C. § 2101 et seq. (1988)). The trial court found that title to the wreck belonged to defendant...

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