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KLOSE v. MENDE

No. 3-06-0249.

882 N.E.2d 703 (2008)

Jerome B. KLOSE and Ruth C. Klose, Plaintiffs-Appellants, v. Frederick E. MENDE, Commissioner of Highways, Meriden Township, LaSalle County, Illinois, Defendant-Appellee.

Appellate Court of Illinois, Third District.

January 28, 2008.

Attorney(s) appearing for the Case

Jerome B. Klose (argued), Olympia Fields, for Jerome B. Klose.

Paul V. Martin (argued), Joseph Carey, Circuit Clerk, Ottawa, for Frederick E. Mende.

Justice O'BRIEN delivered the opinion of the court:

Defendant Frederick Mende, as commissioner of highways of Meriden Township (hereinafter township), brought this motion to reopen proofs pursuant to section 2-1401 of the Code of Civil Procedure in a declaratory action filed by plaintiffs Jerome and Ruth Klose. 735 ILCS 5/2-1401 (West 2002). The trial court granted Mende's motion and the Kloses appealed. We affirm.

FACTS

This action began in 2000...

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