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ENBRIDGE ENERGY (ILLINOIS), L.L.C. v. KUERTH

Nos. 4-15-0519, 4-15-0520 cons.

2016 IL App (4th) 150519

ENBRIDGE ENERGY (ILLINOIS), L.L.C., n/k/a Illinois Extension Pipeline Company, Plaintiff-Appellee, v. DEBRA S. KUERTH, as Trustee of the Debra S. Kuerth Trust, Under the Declaration of Trust Dated January 29, 2007; THE DEBRA S. KUERTH TRUST, Under Declaration of Trust Dated January 29, 2007; NON-RECORD CLAIMANTS; and UNKNOWN OWNERS, Defendants-Appellants. ENBRIDGE ENERGY (ILLINOIS), L.L.C., n/k/a Illinois Extension Pipeline Company, Plaintiff-Appellee, v. KENNETH L. KUERTH; DIANNE KUERTH; NON-RECORD CLAIMANTS; and UNKNOWN OWNERS, Defendants-Appellants.

Appellate Court of Illinois, Fourth District.

Filed December 13, 2016.

Attorney(s) appearing for the Case

Thomas J. Pliura (argued), of LeRoy, for appellants.

John Spesia (argued) and Jacob E. Gancarcyzk, of Spesia & Ayers, of Joliet, and Christopher J. Spanos, of Hinshaw & Culbertson LLP, of Peoria, and Gerald A. Ambrose, Steven J. Horowitz, Brian A. McAleenan, and Dale E. Thomas, of Sidley Austin LLP, of Chicago, for appellees.

Justices Holder White and Pope concurred in the judgment and opinion.

OPINION

¶ 1 In April 2014, the Illinois Commerce Commission (Commission) granted plaintiff, Enbridge Energy (Illinois), L.L.C., now known as the Illinois Extension Pipeline Company (IEPC), eminent-domain authority to acquire easements over certain real estate for...

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