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PEOPLE EX REL. KIRBY v. CITY OF EFFINGHAM

No. 76-121.

43 Ill. App.3d 360 (1976)

356 N.E.2d 1315

THE PEOPLE ex rel. JOHN KIRBY, Petitioner-Appellant, v. THE CITY OF EFFINGHAM, Respondent-Appellee.

Appellate Court of Illinois — Fifth District.

Opinion filed November 8, 1976.

Attorney(s) appearing for the Case

W.R. Todd and William Robin Todd, both of Flora, for appellant.

Thomas F. Taylor, of Taylor and Taylor, of Effingham, for appellee.

Reversed and remanded.

Mr. JUSTICE EBERSPACHER delivered the opinion of the court:

This action arises by virtue of an annexation ordinance enacted by the City of Effingham on September 16, 1975, annexing a tract of land. The relator appeals from an order entered in the circuit court of Effingham County denying him leave to file a complaint in quo warranto which sought to challenge the authority of the City of Effingham to annex certain property allegedly...

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