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KIRBY v. TOWN OF SOMER

No. 4-86-0847.

162 Ill. App.3d 463 (1987)

515 N.E.2d 342

LAURENCE E. KIRBY et al., Plaintiffs-Appellants, v. THE TOWN OF SOMER, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Opinion filed October 22, 1987.

Attorney(s) appearing for the Case

Joseph D. Pavia, of Kirtley-Pavia-Marsh, P.C., of Urbana, for appellants.

George G. Bryan, of Phebus, Tummelson, Bryan & Knox, of Urbana, for appellee.

Order affirmed.

JUSTICE KNECHT delivered the opinion of the court:

Plaintiffs, Laurence E. Kirby and Eva Kirby, appeal the order of the circuit court of Champaign County dismissing their complaint which alleged nuisance caused by defendant, town of Somer. The court dismissed the complaint because plaintiffs failed to serve notice of their injury in compliance with the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (Ill...

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