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DeRAEDT v. RABIOLA

No. 2-10-0719.

960 N.E.2d 1197 (2011)

356 Ill. Dec. 74

Jon DeRAEDT, Walter Fuchs, and Bonnie Fuchs, Plaintiffs and Counterdefendants-Appellants, v. Reginice M. RABIOLA, Defendant and Counterplaintiff-Appellee.

Appellate Court of Illinois, Second District.

November 8, 2011.

Attorney(s) appearing for the Case

John W. Damisch , Marni Zaideman , Damisch & Damisch, Ltd., Chicago, for Jon DeRaedt, Bonnie Fuchs, Walter Fuchs.

Richard H. Balog , Attorney at Law, Geneva, for Reginice M. Rabiola.

OPINION

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

¶ 1 The plaintiff Jon DeRaedt sued the defendant, his neighbor Reginice Rabiola, alleging that she repeatedly trespassed on a grassy strip located on the land he leased from the plaintiffs Bonnie and Walter Fuchs. He sought: (1) an injunction to prevent the trespass; (2) to quiet title via a declaratory judgment that Rabiola did not have an easement over the grassy strip; and...

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