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BD. OF ED. v. SURETY DEVELOPERS, INC.

No. 47314.

63 Ill.2d 193 (1975)

347 N.E.2d 149

BOARD OF EDUCATION OF SCHOOL DISTRICT NO. 68, DU PAGE COUNTY, Appellee, v. SURETY DEVELOPERS, INC., Appellant.

Supreme Court of Illinois.

Rehearing denied March 25, 1976.

Attorney(s) appearing for the Case

William S. Kaplan and Robert Marks, of Chicago (Marks, Marks & Kaplan, of counsel), for appellant.

G. Kent Yowell, of Northbrook, for appellee.

Affirmed and remanded.

MR. CHIEF JUSTICE UNDERWOOD delivered the opinion of the court:

The basic issue presented by this case concerns the authority of a county board to require a real estate developer to contribute land or money for school facilities as a condition to the issuance of special use permits necessary to development of a subdivision. The circuit court of Du Page County held that such authority did not exist, the appellate court reversed (

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