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INLAND LAND APPREC. FUND v. COUNTY OF KANE

No. 2-02-1117.

800 N.E.2d 1232 (2003)

344 Ill. App.3d 720

279 Ill.Dec. 649

INLAND LAND APPRECIATION FUND, L.P., and Firstar Bank of Illinois, formerly known as Colonial Trust Company, as Successor Trustee to Burbank State Bank, as Trustee under a Trust Agreement dated February 16, 1990, and known as Trust No. 973, Plaintiffs-Appellants, v. The COUNTY OF KANE, Defendant-Appellee.

Appellate Court of Illinois, Second District.

December 5, 2003.

Attorney(s) appearing for the Case

Thomas R. Burney, Brian M. Fornek, Timothy J. McGonegle, Schain, Burney, Ross & Citron, Ltd., Chicago, for Firstar Bank Illinois, Inland Land Appreciation Fund, L.P.

Meg Gorecki, Kane County State's Attorney, St. Charles, Martin P. Moltz, Deputy Director, Sally A. Swiss, State's Attorneys Appellate Prosecutor, Elgin, Kenneth C. Shepro, Katz, Randall, Weinberg & Richmond, Chicago, for the County of Kane.

Justice O'MALLEY delivered the opinion of the court:

Plaintiffs, Inland Land Appreciation Fund, L.P., and Firstar Bank of Illinois, appeal the judgment of the circuit court of Kane County in favor of defendant Kane County entered after a bench trial on count IV of plaintiffs' complaint and defendant's counterclaim. We affirm.

The following facts are undisputed. Plaintiffs, who own several properties in Kane County...

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