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ENBRIDGE ENERGY (ILLINOIS), v. KUERTH

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

99 N.E.3d 210 (2018)

2018 IL App (4th) 150519-B

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; Nonrecord 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; Nonrecord Claimants; and Unknown Owners, Defendants-Appellants.

Appellate Court of Illinois, Fourth District.

Filed February 27, 2018.

Attorney(s) appearing for the Case

Thomas J. Pliura , of LeRoy, for appellants.

Gerald A. Ambrose , Steven J. Horowitz , Brian A. McAleenan , and Dale E. Thomas , of Sidley Austin LLP, of Chicago, John M. Spesia and Jacob E. Gancarczyk , of Spesia & Taylor, of Joliet, and Christopher J. Spanos , of Hinshaw & Culbertson LLP, of Peoria, for appellee.

OPINION

¶ 1 This case, which is an appeal from a condemnation proceeding under the Eminent Domain Act (Act) (735 ILCS 30/5-5-5(c) (West 2014)), is before this court for the second time. The first time resulted in Enbridge Energy (Illinois), L.L.C. v. Kuerth,<...

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