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BURGOYNE, LLC v. CHICAGO TERMINAL RAILROAD

No. 1-19-0098.

169 N.E.3d 815 (2020)

2020 IL App (1st) 190098

BURGOYNE, LLC, an Illinois Limited Liability Company, Plaintiff-Appellant, v. CHICAGO TERMINAL RAILROAD COMPANY, an Illinois Corporation, and Iowa Pacific Holdings, LLC, an Illinois Limited Liability Company, Defendants-Appellees (The City of Chicago, a Municipal Corporation, Intervenor-Appellee).

Appellate Court of Illinois, First District, Fourth Division.

Opinion filed June 25, 2020.

Attorney(s) appearing for the Case

George S. Bellas and Misty J. Cygan , of Bellas & Wachowski, of Park Ridge, for appellant.

Mark A. Flessner , Corporation Counsel, of Chicago ( Benna Ruth Solomon , Myriam Zreczny Kasper , and Elizabeth Mary Tisher , Assistant Corporation Counsel, of counsel), for intervenor-appellee.

No brief filed for other appellees.

OPINION

¶ 1 This appeal arises from a dispute between a rail carrier and the owner of land over which the rail carrier held an easement to operate its rail line. Contending that the easement terminated due to nonuse, the landowner, Burgoyne, LLC (Burgoyne), sued the...

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