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ENBRIDGE ENERGY (ILLINOIS), L.L.C. v. KUERTH

Nos. 4-15-0519, 4-15-0520 cons.

2016 IL App (4th) 150519

ENBRIDGE ENERGY (ILLINOIS), L.L.C., n/k/a Illinois Extension Pipeline Company, Plaintiff-Appellee, v. DEBRA S. KUERTH, as Trustee of the Debra S. Kuerth Trust, Under the Declaration of Trust Dated January 29, 2007; THE DEBRA S. KUERTH TRUST, Under Declaration of Trust Dated January 29, 2007; NON-RECORD CLAIMANTS; and UNKNOWN OWNERS, Defendants-Appellants. ENBRIDGE ENERGY (ILLINOIS), L.L.C., n/k/a Illinois Extension Pipeline Company, Plaintiff-Appellee, v. KENNETH L. KUERTH; DIANNE KUERTH; NON-RECORD CLAIMANTS; and UNKNOWN OWNERS, Defendants-Appellants.

Appellate Court of Illinois, Fourth District.

Filed December 13, 2016.

Attorney(s) appearing for the Case

Thomas J. Pliura (argued), of LeRoy, for appellants.

John Spesia (argued) and Jacob E. Gancarcyzk , of Spesia & Ayers, of Joliet, and Christopher J. Spanos , of Hinshaw & Culbertson LLP, of Peoria, and Gerald A. Ambrose , Steven J. Horowitz , Brian A. McAleenan , and Dale E. Thomas , of Sidley Austin LLP, of Chicago, for appellees.

Justices Holder White and Pope concurred in the judgment and opinion.

OPINION

¶ 1 In April 2014, the Illinois Commerce Commission (Commission) granted plaintiff, Enbridge Energy (Illinois), L.L.C., now known as the Illinois Extension Pipeline Company (IEPC), eminent-domain authority to acquire easements over certain real estate for...

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