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CITY OF OAKBROOK TERRACE v. SUBURBAN BANK AND TRUST CO.

No. 2-04-0719.

845 N.E.2d 1000 (2006)

364 Ill. App.3d 506

301 Ill.Dec. 135

The CITY OF OAKBROOK TERRACE, Plaintiff-Appellant, v. SUBURBAN BANK AND TRUST COMPANY, as Trustee under Trust Agreement dated July 1, 1996, and Known as Trust No. 1122; Paramount Media Group, Inc.; Carolyn B. Robinette, as Successor Trustee of the Clayburn B. Robinette Declaration of Trust dated November 15, 1980; The Estate of Rose Alma Robinette; and National Advertising Company, d/b/a Outdoor Systems Advertising, Defendants-Appellees (Public Storage, Inc.; Mad Outdoor, Inc.; and Eller Media Company, Defendants).

Appellate Court of Illinois, Second District.

March 24, 2006.

Attorney(s) appearing for the Case

Barbara J. Gosselar, Kenneth T. Kubiesa, Kubiesa, Spiroff, Gosselar, Acker & Kern, P.C., Elmhurst, for City of Oakbrook Terrace.

Edward P. Graham, Melissa A. Grahonya, Law Offices of Edward P. Graham, Ltd., Naperville, for J.T. Land Group, Inc., Carolyn B. Robinette, Estate of Rose Alma Robinette, Suburban Bank & Trust Co.

Ronald J. Broida, Jeffrey A. Tullis, Broida & Tullis, Naperville, for Paramount Media Group, Inc.

James R. Carroll, Michael A. Steigmann, Quinlan & Carroll, Ltd., Chicago, for National Advertising Company, Viacom, Inc., Eller Media Company, Mad Outdoor, Inc. Public Storage, Inc.

Justice O'MALLEY delivered the opinion of the court:

Plaintiff, the City of Oakbrook Terrace (City), sought to enforce a zoning ordinance regulating off-premises, freestanding, outdoor advertising signs against various defendants that owned or leased either existing legal, nonconforming signs or the property on which such signs were located. The parties filed cross-motions for summary judgment. Relying primarily on section 7-101 of the Eminent Domain Act (Act) (735...

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