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06/26/87 the City of Rockford, v. Marvin Lemar

June 26, 1987

THE CITY OF ROCKFORD, PLAINTIFF-APPELLEE

v.

MARVIN LEMAR, DEFENDANT-APPELLANT (JOHN P. LEDLIE, AS TRUSTEE ET AL., DEFENDANTS; ILLINOIS NATIONAL BANK AND TRUST COMPANY, AS TRUSTEE, INTERVENING, PETITIONER-APPELLEE)



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

510 N.E.2d 128, 157 Ill. App. 3d 350, 109 Ill. Dec. 507 1987.IL.903

Appeal from the Circuit Court of Winnebago County; the Hon. Galyn W. Moehring, Judge, presiding.

APPELLATE Judges:

JUSTICE INGLIS delivered the opinion of the court. LINDBERG, P.J., and DUNN, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE INGLIS

Defendant, Marvin Lemar, appeals from the judgment of the circuit court which granted the motion of plaintiff, city of Rockford, to dismiss defendant's amended petition to vacate the decree for foreclosure of statutory lien and to quash the sheriff's certificate of sale and deed. On appeal, defendant contends that the affidavit for service by publication which plaintiff submitted to the trial court was insufficient. For the reasons set forth below, we reverse the judgment of the circuit court.

On July 27, 1984, plaintiff filed a petition for foreclosure of statutory lien against defendant and several others. Plaintiff did not personally serve defendant, but rather, on August 17, 1984, plaintiff filed an affidavit as required by section 2-206 of the Code of Civil Procedure (Ill. Rev. Stat. 1985, ch. 110, par. 2-206), for service by publication. The affidavit, filed by plaintiff's attorney, Kathleen Elliott, stated in pertinent part as follows:

"1. That I am a City Attorney for the City of Rockford, Illinois, and that I am one of the attorneys for the Plaintiff, CITY OF ROCKFORD, a municipal corporation.

2. That I have caused the following defendants to be served with a Summons at their last known addresses, to wit:

MARVIN LEMAR -- ADDRESS UNKNOWN

JOHN P. LEDLIE, Trustee -- ADDRESS UNKNOWN

SANITARY DISTRICT OF ROCKFORD, 3333 Kishwaukee,

Rockford, Illinois -- SERVED July 30, 1984

WINNEBAGO COUNTY HEALTH DEPARTMENT, 401 Division Street, Rockford, Illinois -- ...


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