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ROKETA v. HOYER

No. 5-00-0336.

763 N.E.2d 417 (2002)

327 Ill. App.3d 374

261 Ill.Dec. 447

Delphin P. ROKETA and Alice G. Roketa, Plaintiffs-Appellants, v. Ralph W. HOYER, Defendant-Appellee.

Appellate Court of Illinois, Fifth District.

January 25, 2002.

Attorney(s) appearing for the Case

James F. Jarrett, Schniederjon, Weber & Jarrett, Effingham, for Appellants.

Lou J. Viverito, Taylor Law Offices, P.C., Effingham, for Appellee.

Presiding Justice MAAG delivered the opinion of the court:

This case involves a dispute over rights to the use of June Lake, a man-made lake in Effingham County, Illinois. The lake is owned by Alice Roketa and Delphin Roketa (plaintiffs). Plaintiffs sought a court order to permanently enjoin Ralph Hoyer (defendant) from using the lake for recreational purposes. They alleged that defendant had no property right or interest in

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