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MALONE v. SMITH

No. 4-04-0156.

823 N.E.2d 1158 (2005)

355 Ill. App.3d 812

291 Ill.Dec. 572

Laverne MALONE; Sharon Malone; William C. Edwards, as Trustee Under Declaration of Trust of William C. Edwards and William C. Edwards, as Trustee Under Declaration of Trust of Bertha A. Edwards, Plaintiffs-Appellees, v. Kenneth SMITH; Patricia Smith; Helen Gilliland Hughes, Trustee of the Helen Gilliland Hughes Trust; Ann I. Gilliland; Margaret Grissom; Marion Day; Shirley Day; Esther Crotchett; Paul Day; Maurice Day; Carole Schove; and Unknown Owners, Defendants-Appellants.

Appellate Court of Illinois, Fourth District.

Decided February 16, 2005.

Attorney(s) appearing for the Case

Rhonda L. Heinz (argued), Samuels, Miller, Schroeder, Jackson & Sly, Decatur, for Kenneth Smith.

Julie A. Beyers (argued), Heavner, Scott & Beyers, Decatur, Michelle Schafer, Ronald E. Osman & Associates, Ltd., Marion, for LaVerne Malone.

Presiding Justice COOK delivered the opinion of the court:

This is the latest in a series of cases involving the ownership of a right-of-way of the Illinois Central Railroad (ICR), abandoned in the late 1980s. These cases have addressed section 912 of Title 43 of the United States Code (43 U.S.C. § 912 (1988)), which provides when lands of the United States are used by a railroad as a right-of-way and the right-of-way is abandoned, title shall vest in the persons...

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