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ALDERSON v. FATLAN

No. 3-06-0115.

867 N.E.2d 1081 (2007)

372 Ill. App.3d 300

Robert L. ALDERSON and Wanda S. Alderson, Plaintiffs/Counter-Defendants-Appellees, v. Leo E. FATLAN, Irene Agazzi, Joann Polcyn, Howard E. Reeves, Henry Tameling, and The First National Bank of Joliet as Trustee under a trust agreement dated March 21, 1981, and known as Trust No. 1855, Defendants/Counter-Plaintiffs-Appellants.

Appellate Court of Illinois, Third District.

Rehearing Denied April 30, 2007.

Attorney(s) appearing for the Case

James P. Stevenson (argued), Joliet, for Leo E. Fatlan.

Carl R. Buck (argued), Rathbun, Cservenyak & Kozol, LLC, Plainfield, for Robert L. Alderson.

Justice HOLDRIDGE delivered the opinion of the court:

Leo Fatlan, Irene Agazzi, Joann Polcyn, Howard Reeves, Henry Tameling and the First National Bank of Joliet in its capacity as trustee of Trust No. 1855 (hereinafter collectively referred to as Fatlan), the owners of a flooded quarry, appeal from a judgment of the circuit court of Will County granting summary judgment to adjacent landowners in a declaratory judgment action seeking right to use the surface waters...

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