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RIVER'S EDGE HOMEOWNERS' v. NAPERVILLE

No. 2-04-0224.

819 N.E.2d 806 (2004)

353 Ill. App.3d 874

289 Ill.Dec. 310

RIVER'S EDGE HOMEOWNERS' ASSOCIATION, Plaintiff-Appellant, v. The CITY OF NAPERVILLE, Defendant-Appellee (Unknown Owners, Plaintiffs).

Appellate Court of Illinois, Second District.

November 29, 2004.

Attorney(s) appearing for the Case

Kevin G. Drendel, Drendel & Drendel, Batavia, for River's Edge Homeowners' Association.

Paul L. Stephanides, Assistant City Attorney, Naperville, for City of Naperville.

Presiding Justice O'MALLEY delivered the opinion of the court:

Plaintiff, River's Edge Homeowners' Association, sued defendant, City of Naperville, for a declaratory judgment that defendant's proposed bicycle path exceeded its easement rights on the River's Edge property. The trial court denied both parties' motions for summary judgment. After a bench trial, the trial court denied plaintiff's complaint for declaratory judgment...

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