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RAABE v. MESSIAH EVANGELICAL LUTHERAN CHURCH OF PORT BYRON

No. 3-92-0578.

615 N.E.2d 15 (1993)

245 Ill. App.3d 539

185 Ill.Dec. 720

Willi R. RAABE and Diane R. Raabe, Plaintiffs-Appellants and Plaintiffs-Appellees, v. MESSIAH EVANGELICAL LUTHERAN CHURCH OF PORT BYRON, Illinois, J. Darwin Olsen and Susan Olsen, husband and wife, Defendants-Appellees (Brinkman & Pessman Lumber Co., Defendant-Appellant).

Appellate Court of Illinois, Third District.

June 3, 1993.

Attorney(s) appearing for the Case

Stewart R. Winstein, David L. Cunningham, Winstein, Kavensky & Wallace, Rock Island, for Willi R. Raabe, Diane R. Raabe.

John D. DeDoncker, Lane & Waterman, Davenport, IA, for Messiah Evangelical Lutheran Church.

Robert T. Park, Katz, McAndrews, Balch, Lefstein & Feiweger, Rock Island, for Brinkman & Pessman Lumber Co.

Mark A. Woollums, Betty, Neuman & McMahon, Davenport, IA, for J. Darwin Olsen, Susan Olsen.

Justice BARRY delivered the OPINION of the court:

As a result of the flooding of their home in Port Byron, Illinois, plaintiffs Willi and Diane Raabe brought an action to recover damages and to secure an injunction against the owners of certain realty across Highway 84 from them. The trial court entered summary judgment in favor of defendants Messiah Evangelical Lutheran Church (hereafter, Church), and Darwin and Susan Olsen (Olsens) and denied summary judgment as...

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