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BOGNER v. VILLIGER

No. 3-02-1030.

796 N.E.2d 679 (2003)

343 Ill. App.3d 264

277 Ill.Dec. 593

Thomas E. BOGNER, Linda L. Link, Harold A. Shearer, Mary Ann Finnegan, Dr. Margaret Ann Louis, Larry E. Nauman, Thomas J. Nauman, David L. Nauman, Donald Paul Smith, Joseph Bender, Thomas J. Dietzler, and William P. Asherman, on Behalf of Themselves and All Others Similarly Situated, Plaintiffs-Appellees, v. Kenneth J. VILLIGER, and Gerald C. Villiger, Defendants-Appellants.

Appellate Court of Illinois, Third District.

August 29, 2003.

Attorney(s) appearing for the Case

Nile J. Williamson (argued), Richard Gentry, Vonachen, Lawless, Trager & Slevin, Peoria, for Gerald C. Villiger, Kenneth J. Villiger.

Walter D. Boyle and Roger C. Bolin (argued), Boyle, Goldsmith, Shore & Bolin, Hennepin, for Thomas E. Bogner.

Justice SCHMIDT delivered the opinion of the court:

This is an appeal from an order issued by the circuit court of Marshall County which grants a permanent injunction prohibiting defendants, Kenneth Villiger and Gerald Villiger, from operating an irrigation system through a cemetery. The plaintiffs are a class of people all having ancestors buried in the cemetery. Defendants appeal.

BACKGROUND

In 1974, the defendants purchased approximately 170 acres...

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