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The Marseilles Land and Water Co. v. Marseilles Hydro Power, LLC

United States District Court, N.D. Illinois, Eastern Division

February 13, 2014

THE MARSEILLES LAND AND WATER COMPANY, an Illinois corporation, Plaintiff,
v.
MARSEILLES HYDRO POWER, LLC, a Wisconsin limited liability company, 13.76 ACRES, MORE OR LESS, SITUATED IN LASALLE COUNTY, ILLINOIS, RENEWABLE WORLD ENERGIES, LLC, a Wisconsin limited liability company, ROBERT L. NEWKIRK, .460 ACRES, MORE OR LESS, SITUATED IN LASALLE COUNTY, ILLINOIS, MAGIC SLEEP MATTRESS COMPANY, INC., an Illinois Corporation, .547 ACRES, MORE OR LESS, SITUATED IN LASALLE COUNTY, ILLINOIS, DYNESTY CUSTOM BUILDERS, LLC, an Illinois Limited Liability Company, .252 ACRES, MORE OR LESS, SITUATED IN LASALLE COUNTY, ILLINOIS and UNKNOWN OWNERS, Defendants.

AMENDED MOTION FOR JUDGMENT OF POSSESSION BY DEFAULT AS TO ROBERT L. NEWKIRK AND.460 ACRES

ROBERT L. NEWKIRK, Judge.

The Marseilles Land and Water Company ("MLWC"), by its attorneys, Daniel C. Curth and Ashley W. Brandt, of Freeborn & Peters LLP, and pursuant to Rules 55 and 71.1 Fed. R. Civ. P., moves for entry of a judgment of possession by default as to Robert Newkirk and.460 Acres, more or less, situated in LaSalle County, Illinois. In support of its Motion, MLWC states:

1. On or about October 30, 2013, MLWC filed its Complaint For Eminent Domain against Defendant Robert Newkirk ("Newkirk") and.460 Acres, More Or Less, Situated In LaSalle County, Illinois, as well as Unknown Owners. MLWC's Complaint (Dkt. #1) is incorporated herein by reference.

2. On or about November 1, 2013, MLWC also prepared a Summons and Notice of Condemnation, as required by Rule 71.1 Fed. R. Civ. P., copies of which are attached as Exhibits A and B, respectively, and issued them for service along with the Complaint.

3. Newkirk is the owner of the.460 acres of land, more or less, situated in LaSalle County, Illinois, that is the subject of Count II of the Complaint. Complaint, ΒΆ 4.

4. On or about November 7, 2013, Newkirk was personally served with a copy of MLWC's Summons, Complaint and Notice of Condemnation. A copy of the proof of service is attached as Exhibit C.

5. Pursuant to Rule 71.1(e)(2), a defendant that has an objection or defense to the proposed taking must serve an answer within 21 days after being served with the Notice of Condemnation. Similarly, MLWC's summons required Newkirk to appear or answer within 21 days of service.

6. Newkirk has not appeared or answered, despite being served more than 90 days ago with the Summons, Complaint and Notice of Condemnation.

7. Pursuant to Rules 55(b)(2) and 71.1(e), a judgment should be entered in MLWC's favor and against Newkirk and all Unknown Owners on Count II, granting MLWC the right of possession of Newkirk's.460 acres, with fee simple title to the land to transfer to MLWC after it has paid Newkirk the amount of compensation to be determined at a trial as to the valuation of those.460 acres.

8. More specifically, MLWC should be granted possession of the following:

LEGAL DESCRIPTION: PARCEL #1:
That part of Lot 1 in Block 31 in the Original Town of Marseilles, Vacated Wallace Street and Vacated Minden Street described as follows:
Commencing at the Northwest corner of Lot 2 in the Original Town of Marseilles, thence South 76 degrees 18 minutes 32 seconds East along the North line of said Lot 2 and the Southerly line of the vacated portion of Wallace Street to the Point of Beginning; thence North 13 degrees 32 minutes 39 seconds East 60.00 feet to a point on the Northerly line of the vacated portion of Wallace Street; thence South 76 degrees 18 minutes 40 seconds East 91.17 feet along said Northerly line to the Westerly line of the South Head Race; thence South 17 degrees 43 minutes 00 seconds East 60.25 feet along said Westerly line; thence South 09 degrees 30 minutes 15 seconds East 45.33 feet along said Westerly line to a point on the Westerly line of Lot 8 in Block 32 in the Original Town of Marseilles and the Easterly line of the vacated portion of Minden Street; thence South 13 degrees 29 minutes 30 seconds West 108.20 feet along the Westerly line of Lot 8 and Lot 9 in Block 32 in the Original Town of Marseilles and said Easterly line of the vacated portion of Minden Street; thence North 11 degrees 24 minutes 13 seconds West 156.04 feet to a point on the Southerly line of the vacated portion of Wallace Street and the Northerly line of said Lot 1 in the Original Town of Marseilles; thence ...

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