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SMITH v. HEISSINGER

No. 4-00-0571.

745 N.E.2d 666 (2001)

319 Ill. App.3d 150

253 Ill.Dec. 543

Michael SMITH, Plaintiff-Appellee, v. Matt HEISSINGER and Regina Gae Buie-Heissinger, Defendants-Appellants.

Appellate Court of Illinois, Fourth District.

March 6, 2001.

Attorney(s) appearing for the Case

Michael J. Drake (argued), Brown, Hay & Stephens, Springfield, for Matt Heissinger.

Alfred B. LaBarre (argued), LaBarre & Young, Springfield, for Michael Smith.

Justice KNECHT delivered the opinion of the court:

In October 1999, plaintiff, Michael Smith, filed a two-count complaint against defendants, Matt Heissinger and Regina Gae Buie Heissinger, requesting the trial court to declare the easement rights possessed by plaintiff in a 25 foot wide right-of-way over defendants' properties included the right to place underground utilities for the benefit of plaintiff's property. After an April 2000 bench trial, the trial court...

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