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METRO. SAN. DIST. v. CITY OF DES PLAINES

No. 47993.

63 Ill.2d 256 (1976)

347 N.E.2d 716

THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO, Appellant, v. THE CITY OF DES PLAINES, Appellee.

Supreme Court of Illinois.

Rehearing denied May 27, 1976.

Attorney(s) appearing for the Case

Allen S. Lavin, of Chicago (Vincent P. Flood, James B. Murray, and Charles W. Boyd, of counsel), for appellant.

Di Leonardi & O'Brien, Ltd., of Des Plaines (Robert S. Minetz, of counsel), for appellee.

Reversed and remanded.

MR. JUSTICE UNDERWOOD delivered the opinion of the court:

In a consolidated law and chancery action in the circuit court of Cook County, the City of Des Plaines, a home rule municipality, sought to enjoin the Metropolitan Sanitary District of Greater Chicago from constructing a sewage treatment plant within the City unless the District obtained a city permit and complied with a city health ordinance. The District moved to dismiss that...

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