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TOFTOY v. ROSENWINKEL

No. 2-10-0565.

961 N.E.2d 363 (2011)

356 Ill. Dec. 267

Roger TOFTOY and Bobbie Toftoy, Individually and as Parents of Natalie Toftoy and Haylie Toftoy, Plaintiffs-Appellees, v. Ken ROSENWINKEL and Rosenwinkel Family Partnership, L.L.C., Defendants-Appellants.

Appellate Court of Illinois, Second District.

November 17, 2011.

Attorney(s) appearing for the Case

Kevin Quinn Butler , Cornelius E. McKnight , McKnight, Kitzinger, McCarthy & Pravdic, LLC, Chicago, for Ken Rosenwinkel, Rosenwinkel Family Partnership, L.L.C.

Frederick E. Roth , Roth Law Firm, LLC, Naperville, for Bobbie Toftoy, Haylie Toftoy, Natalie Toftoy, Roger Toftoy.

OPINION

Presiding Justice JORGENSEN delivered the judgment of the court, with opinion.

¶ 1 Plaintiffs, Roger and Bobbie Toftoy, sought a declaratory judgment and injunctive relief against defendants, Ken Rosenwinkel and Rosenwinkel Family Partnership, L.L.C., alleging that defendants' cattle operation created a nuisance as a result of excessive flies emanating from the farm and coming onto their property...

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