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KETCHMARK v. LYNCH

Gen. No. 68-61.

107 Ill. App.2d 36 (1969)

246 N.E.2d 133

George Ketchmark, Leo Osborne, Jerry Capps and Harry Betzel, as Trustees and as Individual Taxpayers of the Village of Romeoville, an Illinois Municipal Corporation, Plaintiffs-Appellants, v. John D. Lynch, Neal Murphy, President of the Village of Romeoville, an Illinois Municipal Corporation, Mark Delay, Clerk of the Village of Romeoville, and Herbert Huls, Treasurer of the Village of Romeoville, Defendants-Appellees.

Appellate Court of Illinois — Third District.

March 4, 1969.

Attorney(s) appearing for the Case

Scariano and Gubbins, of Chicago Heights, for appellants.

Murphy, Timm and Lennon, of Joliet, for appellees.

SCHEINEMAN, J.

This case involves the question of construction of the Municipal Code with respect to the right of a mayor or village president to vote on ordinances.

Prior to 1941 a mayor or the president of the village board had no right to vote except to break a tie. In 1941 the law was amended to enlarge the presiding officer's voting privileges. This caused certain unforeseen ambiguities in the Cities and Villages Statute. For example, does a reference...

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