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HIKEN FURNITURE CO. v. CITY OF BELLEVILLE

No. 77-114.

368 N.E.2d 961 (1977)

53 Ill. App.3d 306

11 Ill.Dec. 353

HIKEN FURNITURE COMPANY, a corporation, Plaintiff-Appellant, v. The CITY OF BELLEVILLE, a Municipal Corporation and Paul Haas, County Treasurer and Ex Officio Collector of Taxes, St. Clair County, Illinois, Defendants-Appellees.

Appellate Court of Illinois, Fifth District.

September 26, 1977.

Attorney(s) appearing for the Case

Gundlach, Lee, Eggmann, Boyle & Roessler, Belleville, for plaintiff-appellant; R. E. Eggmann, Belleville, of counsel.

Robert J. Sprague, City Atty., Belleville, for defendants-appellees, City of Belleville; Robert L. Jennings and Patrick M. Flynn, Belleville, of counsel.

KARNS, Justice.

Plaintiff, Hiken Furniture Company, brought an action for declaratory judgment in the Circuit Court of St. Clair County seeking a declaration that an ordinance of the defendant, City of Belleville, creating a special service area and imposing a tax on properties within the area was invalid under the Illinois Constitution and statutes. Hiken appeals from a judgment upholding the validity of the ordinance.

The facts were stipulated and are not...

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