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MARSELLA v. SHAFFER

No. 2-00-0912.

754 N.E.2d 411 (2001)

324 Ill. App.3d 134

257 Ill.Dec. 753

Daniel E. MARSELLA and Sheryl Marsella, Plaintiffs-Appellants and Cross-Appellees, v. David SHAFFER and Kim Shaffer, Defendants-Appellees and Cross-Appellants.

Appellate Court of Illinois, Second District.

Rehearing Denied August 28, 2001.

Attorney(s) appearing for the Case

Margaret M. Borcia, Morrison & Morrison, P.C., Waukegan, for Daniel E. Marsella, Sheryl Marsella.

James J. Graney, James J. Graney & Associates, Rolling Meadows, for David Shaffer, Kim Shaffer.

Justice McLAREN delivered the opinion of the court:

Plaintiffs, Daniel E. and Sheryl Marsella, appeal a jury's award of damages under the Wrongful Tree Cutting Act (Act) (740 ILCS 185/0.01 et seq. (West 1996)) for trees wrongfully cut by defendants, David and Kim Shaffer. Defendants cross-appeal the award of both treble damages under the Act and common law punitive damages for the same injury. We affirm in part, reverse in part, and remand the cause with instructions...

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