This land is my land, suit claims

Kelly Holleran Feb. 26, 2009, 3:19am

Four individuals are asking the court to convey a piece of St. Clair County land to them to which they claim they are entitled.

Gus and Irene Unverfehrt and Ralph and Marlene Goldsmith claim Erna G. Swaers held title to land before she entered into a quit claim deed on Dec. 13, 1999, and transferred the land to herself as trustee of the Bears Land Trust, according to the complaint filed Feb. 19 in St. Clair County Circuit Court.

"Defendant breached her fiduciary duties to Plaintiffs by refusing to transfer the land to them after receiving their unanimous direction in furtherance of her personal interests," the suit states.

In the two-count suit, the Unverfehrts and the Goldsmiths are seeking a judgment directing Swaers to convey them the land, punitive damages and a judgment of at least $50,000, plus costs, attorneys' fees and other relief the court deems just.

They are also asking the courts to enter a temporary restraining order and preliminary injunction prohibiting Swaers from transferring the land to anyone else.

Kevin J. Stine and Laura E. Craft of Mathis, Marifian, Richer and Grandy in Belleville will be representing her.

St. Clair County Circuit Court case number: 09-L-0088.

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