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HART v. TOWN OF SHAFTER

No. 5-03-0237.

810 N.E.2d 489 (2004)

348 Ill.App.3d 713

284 Ill.Dec. 699

Craig L. HART and Carolyn J. Hart, Plaintiffs-Appellants (Walter L. Pearson, III, Amanda Pearson, and Eileen M. Pearson, Plaintiffs), v. The TOWN OF SHAFTER, Don Stewart, Individually, and Don Stewart as Road Commissioner of Shafter Township, Defendants-Appellees.

Appellate Court of Illinois, Fifth District.

Motion to Publish Granted May 13, 2004.

Opinion Filed May 13, 2004.

Attorney(s) appearing for the Case

Jack Johnston, Burnside, Johnston, Choisser & Sheafor, Vandalia, IL, Attorney for Appellants.

Gregory C. Ray, Craig & Craig, Mattoon, IL, Attorney for Appellees.

Presiding Justice CHAPMAN delivered the opinion of the court:

In June 2000, Craig and Carolyn Hart (the plaintiffs) filed a complaint seeking to enjoin the defendants, the Town of Shafter and Shafter Township Road Commissioner Don Stewart, from entering onto their property to replace a bridge that once had been a part of a township road that ran through their property. The defendants contend that the disputed strip of land remains a public road despite many years...

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