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CITY OF DES PLAINES v. REDELLA

No. 1-05-1301.

847 N.E.2d 732 (2006)

365 Ill. App.3d 68

301 Ill.Dec. 722

CITY OF DES PLAINES, an Illinois home-rule municipality, Plaintiff-Appellee, v. Richard and Barbara REDELLA, Karen Secco, Leslie Boulay, David Rieker, and Janusz Sosynski, Defendants-Appellants.

Appellate Court of Illinois, First District, Second Division.

March 28, 2006.

Attorney(s) appearing for the Case

Lawrence D. Mishkin, Timothy E. Hirsch, Mason, Silver, Wenk & Mishkin, L.L.C., Northbrook, for Appellants.

David R. Wiltse, City Attorney, City of Des Plaines, for Appellee.

Justice WOLFSON delivered the opinion of the court:

At issue in this case is whether Trailside Lane, a private road, was properly declared a public highway pursuant to section 2-202 of the Illinois Highway Code (Code) (605 ILCS 5/2-202 (West 2002)). The City of Des Plaines (City) sought a declaratory judgment from the trial court that Trailside Lane had become a public highway pursuant to the 15-year public use provision of section 2-202 of the Code. The trial court...

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