Newkirk v. Bigard

Plaintiffs, Walter and June Fay Newkirk, filed a declaratory judgment action in the circuit court of Jasper County requesting the court to declare an order of the State mining board void ab initio in its entirety. Plaintiffs’ complaint also requested that title to the mineral estate be quieted in plaintiffs. The circuit court granted the defendants’ motion to dismiss the action. The appellate court reversed the circuit court’s decision but held the order invalid only in part. (125 Ill. App. 3d 454.) Plaintiffs’ petition for leave to appeal to this court was granted pursuant to our Rule 315(a)…