LOTTINGER, Judge.
The Village of Albany filed a suit under the declaratory judgment act wherein they recited that on February 12, 1962, it has granted to one Andy Prokop, a franchise for the operation of a waterworks system within the Village of Albany, together with the right to use the alleys, streets and public roads within the village for a water distribution system, all as was more particularly set forth in Ordinance No. 50 of said Village. They alleged that...
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