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CHICAGO TITLE LAND TRUST v. BD. OF TRUSTEES

Nos. 1-06-1000, 1-06-2442.

878 N.E.2d 723 (2007)

376 Ill. App.3d 494

CHICAGO TITLE LAND TRUST COMPANY, as Trustee under Land Trust No. 896-3638, dated April 12, 1996, and Curielli Bros., an Illinois General Partnership, Petitioners-Appellants, v. The BOARD OF TRUSTEES OF the VILLAGE OF BARRINGTON, Cook and Lake Counties, Illinois, a Municipal Corporation, Respondent-Appellee. Chicago Title Land Trust Company, as Trustee under Land Trust No. 896-3638, dated April 12, 1996, and Curielli Bros., an Illinois General Partnership, Plaintiffs-Appellants, v. 126 Northwest Highway Partners, L.L.C., an Illinois Limited Liability Company; GK Development, Inc., and Barrington Bank and Trust Company, N.A., and The Village of Barrington, Cook and Lake Counties, Illinois, an Illinois Municipal Corporation, Defendants-Appellees.

Appellate Court of Illinois, First District, First Division.

September 24, 2007.

Attorney(s) appearing for the Case

Hyink Law Firm, Oak Brood (Benjamin P. Hyink, of counsel), for Appellants.

Law Offices of James P. Bateman, Ltd., Barrington (James P. Bateman and Jeffrey C. Taylor, of counsel), for Appellees Village of Barrington and Board of Trustees of the Village of Barrington.

Bell, Boyd & Lloyd LLC, Chicago (Brian E. Martin and Jeffrey T. Petersen, of counsel), for Appellees 120 Northwest Highway Partners, LLC and GK Development, Inc.

Justice ROBERT E. GORDON delivered the opinion of the court:

At issue in this lawsuit is plaintiffs' access to a parking space. Plaintiffs and their guests will no longer be able to drive from the street to the handicapped parking space at the front of their property if a retail shopping center is built as planned on an adjacent property. The plans for the shopping center include construction of a wall between plaintiffs' parking space and the nearest curb cut to...

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