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PEOPLE EX REL. COUNTY OF LA SALLE v. ENGEL

No. 81-33.

100 Ill. App.3d 504 (1981)

426 N.E.2d 1233

THE PEOPLE ex rel. COUNTY OF LA SALLE, Plaintiff-Appellee, v. ROBERT D. ENGEL et al., Defendants-Appellants.

Appellate Court of Illinois — Third District.

Rehearing denied October 28, 1981.

Attorney(s) appearing for the Case

John Kevin Kneafsey, of Chicago, for appellants.

Gary L. Peterlin, State's Attorney, of Ottawa (James A. Lanuti, Assistant State's Attorney, of counsel), for appellee.

Reversed and remanded.

Mr. JUSTICE HEIPLE delivered the opinion of the court:

Appellants in this case were attempting to conduct a public auction sale of real estate. The County of La Salle (hereinafter County) thought that the proposed sale violated the County's subdivision ordinance. A lawsuit to enjoin the sale was filed by the County. Without service on any of the appellants and without notice to them, an ex parte hearing was held on January 16...

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