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POWELL v. CITY OF DANVILLE

No. 4-93-0225.

625 N.E.2d 830 (1993)

253 Ill. App.3d 667

192 Ill.Dec. 675

Hubert A. and Beulah POWELL, Plaintiffs-Appellants, v. CITY OF DANVILLE, a municipal corporation, and H/L Disposal Company, Inc., Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

Decided November 30, 1993.

Attorney(s) appearing for the Case

Kennith W. Blan, Jr. (argued), Blan Law Offices, Danville and Paul T. Manion (argued), Manion, Janov & Degens, Ltd., Hoopeston, for plaintiffs-appellants.

Karen L. Kendall, Bradley S. McMillan (argued), Heyl, Royster, Voelker & Allen, Peoria, and James C. Kearns and Bradford J. Peterson, Heyl, Royster, Voelker & Allen, Urbana, for defendants-appellees.

Justice LUND delivered the opinion of the court:

Plaintiffs brought this action against the City of Danville (Danville), a municipal corporation, and H/L Disposal, Inc. (H/L), alleging trespass, nuisance, and negligence, resulting in continuing damage to plaintiffs' real estate. The circuit court of Vermilion County granted H/L's motion for summary judgment, finding the action against H/L was barred by the five-year statute of limitations under section 13-205 of the...

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