VILLAGE OF RIVERWOODS v. DEPT. OF TRANS.

No. 51152.

77 Ill.2d 130 (1979)

395 N.E.2d 555

VILLAGE OF RIVERWOODS et al., Appellants, v. DEPARTMENT OF TRANSPORTATION et al., Appellees.

Supreme Court of Illinois.

Opinion filed October 2, 1979.


Attorney(s) appearing for the Case

Berle L. Schwartz, of Highland Park, for appellant Village of Riverwoods.

Berle L. Schwartz and Thomas H. Compere, of Highland Park, for appellant City of Highland Park.

Ronald M. Glink, of Ancel, Glink, Diamond & Murphy, P.C., of Chicago, for appellant Villages of Lincolnwood, Maywood, and Bridgeview.

Sydney G. Craig and Thomas H. Donohoe, of Martin, Craig, Chester & Sonnenschein, of Chicago, Alan R. Johnston, Village Attorney, of Kenilworth, and Jenner & Block, of Chicago, for appellant Villages of Kenilworth, Glencoe, and Winnetka.

Michael Schneiderman and Michael M. Conway, of Hopkins, Sutter, Mulroy, Davis & Cromartie, of Chicago, for appellant Village of Lincolnshire.

Jack M. Siegel, Corporation Counsel, of Chicago, for appellant City of Evanston.

Rosing & Carlson, Ltd., of Waukegan (William G. Rosing and Stephen G. Applehans, of counsel), for appellant City of North Chicago.

William J. Scott, Attorney General, of Springfield (George W. Wolff, Anne K. Markey, and Joyce Alexander McMagny, Assistant Attorneys General, of Chicago, of counsel), for appellee Department of Transportation.

Clifford L. Weaver and David T. Hejna, of Ross, Hardies, O'Keefe, Babcock & Parsons, of Chicago, for appellees Des Plaines-Mount Prospect-Arlington Heights-Palatine Water Commission et al.

Schiff, Hardin & Waite, of Chicago (Guenther M. Philipp, Elwood T. Olsen, Janet Rae Montgomery, and William G. Southard, of counsel), for appellee Village of Downers Grove.

Donald M. Rose, City Attorney, and Kathleen Ross, of Chicago (Moriarty, Rose & Hultquist, Ltd., of counsel), for appellee City of Rolling Meadows.


Affirmed in part and reversed in part, and remanded.

MR. JUSTICE WARD delivered the opinion of the court:

The appellants here are 11 of some 195 municipalities and other governmental entities in northeastern Illinois which applied to the Department of Transportation for initial allocations of water to be diverted from Lake Michigan under "An Act in relation to the regulation and maintenance of the levels in Lake Michigan * * *" (Ill. Rev. Stat. 1977, ch. 19...

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