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CITY OF URBANA v. COUNTY OF CHAMPAIGN

No. 51203.

76 Ill.2d 63 (1979)

389 N.E.2d 1185

THE CITY OF URBANA, Appellee, v. THE COUNTY OF CHAMPAIGN et al., Appellants.

Supreme Court of Illinois.

Opinion filed May 18, 1979.

Attorney(s) appearing for the Case

Thomas J. Difanis, State's Attorney, of Urbana (Joseph D. Pavia, Assistant State's Attorney, of counsel), for appellant County of Champaign.

Greaves, Lerner & Gadau, of Champaign, for appellant R & T, Inc.

Jack Waaler, Corporation Counsel for the city of Urbana, of Champaign, for appellee.

Rudnick & Wolfe, of Chicago (Perry J. Snyderman, Theodore A. Shapero, Theodore J. Novak and Steven H. Jesser, of counsel), for amicus curiae Home Builders Association of Greater Chicago.

Bernard Carey, State's Attorney, of Chicago (Paul P. Biebel, Jr., Deputy State's Attorney, Henry A. Hauser and Morris Alexander, Assistant State's Attorneys, and Daniel Brown, law student, of counsel), for amicus curiae County of Cook.

Appellate court reversed; circuit court affirmed.

MR. JUSTICE UNDERWOOD delivered the opinion of the court:

The city of Urbana sought a declaratory judgment and injunction precluding R & T, Inc. (the developer), from implementing a proposal for a planned unit development (PUD), to be constructed within the 1 1/2-mile zone surrounding the city, until the city had approved the plan as conforming to subdivision standards set out in city of Urbana ordinances...

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