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MAYWOOD PROVISO STATE BANK v. VILLAGE OF LISLE

No. 2-91-1005.

599 N.E.2d 481 (1992)

234 Ill. App.3d 206

174 Ill.Dec. 697

MAYWOOD PROVISO STATE BANK, et al., Plaintiffs-Appellants, v. The VILLAGE OF LISLE, et al., Defendants-Appellees.

Appellate Court of Illinois, Second District.

Rehearing Denied October 7, 1992.

Attorney(s) appearing for the Case

Andrew B. Spiegel, argued, Wheaton, for Maywood Proviso State Bank, Ed Cunningham and Horst Adler.

Maloney & Craven, E. William Maloney, argued, Des Plaines, Borla, North & Associates, Robert V. Borla, Downers Grove, for Village of Lisle, Lee J. Herrera and Jeannette S. Devane.

Justice DOYLE delivered the opinion of the court:

Plaintiffs Maywood-Proviso State Bank, as trustee under trust No. 7938, Ed Cunningham, and Horst Adler filed a two-count amended complaint in the circuit court of Du Page County naming as defendants the Village of Lisle, Lee J. Herrera and Jeannette S. Devane. Count I sought a declaration that a valid easement existed over property owned by Herrera and Devane, a permanent injunction barring Herrera and Devane from...

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