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ALGONQUIN v. LOWE

No. 2-10-0603.

954 N.E.2d 228 (2011)

352 Ill. Dec. 368

The Village of ALGONQUIN, Plaintiff and Respondent-Appellant, v. Jas. A. LOWE, his Heirs and/or Assigns, Clarence J. Ebel, his Heirs and/or Assigns, Oak Park National Bank, as Trustee of a Trust Agreement Dated 5/17/54 and Known as Trust No. 2084, Benjamin C. Getzelman, his Heirs and/or Assigns, The Northern Trust Company, as Trustee of a Trust Agreement Dated 3/26/26 and Known as Trust No. 6478, Unknown Owners, and Nonrecord Claimants, Defendants (Terrence Nagel and Bonnie Nagel, Petitioners-Appellees).

Appellate Court of Illinois, Second District.

June 1, 2011.

Attorney(s) appearing for the Case

Jennifer J. Gibson , Zukowski, Rogers , Flood & McArdle, Crystal Lake, for Village of Algonquin.

Michael E. Kalland , Kalland & Romag, Elgin, for Bonnie Nagel, Terrence Nagel.

OPINION

Justice HUDSON delivered the judgment of the court, with opinion.

¶ 1 The trial court granted a petition that Terrence Nagel and Bonnie Nagel filed under section 2-1401 of the Code of Civil Procedure (Code) (735 ILCS 5/2-1401 (West 2008)). The petition asked the court to vacate a July 26, 2007, judgment that purported to give the Village of Algonquin title to certain land in the Village. That land...

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