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WEAVER v. CUMMINS

No. 4-00-0982.

751 N.E.2d 628 (2001)

323 Ill. App.3d 359

256 Ill.Dec. 238

David WEAVER and Marie Weaver, Plaintiffs-Appellees, v. Robert CUMMINS and Nancy Cummins, Defendants-Appellants.

Appellate Court of Illinois, Fourth District.

June 28, 2001.

Attorney(s) appearing for the Case

Barry O. Hines (arguer), Randall W. Segatto, Barber, Segatto, Hoffee & Hines, Springfield, for Robert Cummins.

Hugh F. Drake (arguer), Dwight H. O'Keefe III, Brown, Hay & Stephens, Springfield, for David Weaver.

Justice TURNER delivered the opinion of the court:

In April 1999, plaintiffs, David and Marie Weaver, filed a single-count complaint against defendants, Robert and Nancy Cummins, seeking the enforcement of easement rights arising from a November 1995 grant of easement. After the trial court granted defendants' motion to dismiss the original count, plaintiffs filed an amended complaint seeking an easement by necessity over defendants' property. After holding an August...

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