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CITY OF MARSEILLES v. RADKE

No. 3-96-0187.

679 N.E.2d 125 (1997)

287 Ill. App.3d 757

223 Ill.Dec. 181

CITY OF MARSEILLES, an Illinois Municipal Corporation, Plaintiff-Appellee, v. Ross Blake RADKE, Defendant-Appellant.

Appellate Court of Illinois, Third District.

Rehearing Denied May 29, 1997.

Attorney(s) appearing for the Case

Eric B. Deobler (argued), White Marsh Anderson Brusatte Vickers & Deobler, Ottawa, for Ross Blake Radke.

Keith R. Leigh (argued), Pool, Leigh & Fabricius, Ottawa, for City Of Marseilles.

Justice HOLDRIDGE delivered the Opinion of the Court:

Defendant, Ross Radke (Radke), appeals from an order of the circuit court of LaSalle County denying his motion to vacate a consent decree judgment entered in an eminent domain action in which the City of Marseilles (City) sought to acquire a railroad easement from Radke. For the reasons stated below, we reverse the order of the circuit court and remand for an evidentiary hearing.

FACTS

The City...

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