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CITY OF NAPERVILLE v. OLD SECOND NAT. BANK

No. 2-00-1482.

763 N.E.2d 951 (2002)

327 Ill. App.3d 734

261 Ill.Dec. 702

The CITY OF NAPERVILLE, Plaintiff-Appellant, v. OLD SECOND NATIONAL BANK OF AURORA, as Trustee, et al., Defendants-Appellees.

Appellate Court of Illinois, Second District.

February 7, 2002.

Attorney(s) appearing for the Case

Michael M. Roth, David J. Chroust, Barbara M.Prohaska, Wildman, Harrold, Allen & Dixon, Lisle, Thomas A. Thanas, City of Naperville, Naperville, for City of Naperville.

Paul L. Greviskes, Batavia, for Alice Rose Ahasic, Casper A. Ahasic, Delight M. Ahasic, Janet L. Ahasic, Jerome A. Ahasic, Leo J. Ahasic, Mary Ann Ahasic, William J. Ahasic, Cipher Game & Hobby, H & R Block, Old Second National Bank of Aurora, David Roe.

Justice GEIGER delivered the opinion of the court:

The plaintiff, the City of Naperville (Naperville), appeals from the August 24, 2000, order of the circuit court of Du Page County dismissing its condemnation action. The trial court dismissed the action after finding that Naperville did not make a bona fide attempt to agree on compensation with the owners of the property prior to filing its complaint as required by section 7-102 of the Code of Civil Procedure...

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