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TOFTOY v. ROSENWINKEL

No. 113569.

983 N.E.2d 463 (2012)

2012 IL 113569

368 Ill. Dec. 50

Roger TOFTOY et al., Appellees, v. Ken ROSENWINKEL et al., Appellants.

Supreme Court of Illinois.

Rehearing Denied January 28, 2013.

Attorney(s) appearing for the Case

Kevin Quinn Butler , Cornelius E. McKnight , Stanley A. Kitzinger , Bernard A. Pravdic and Courtney A. Adair , McKnight, Kitzinger & Pravdic, Chicago, IL, for appellees.

Frederick E. Roth , Naperville, IL, for appellees.

OPINION

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

¶ 1 At issue in this case is whether the Farm Nuisance Suit Act (740 ILCS 70/1 et seq. (West 2006)) bars the plaintiffs' nuisance lawsuit against a neighboring cattle farm where the plaintiffs acquired their property after the cattle farm had been in operation for more than a year. The appellate court held that the suit...

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