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AUSTIN VIEW CIVIC ASS'N v. CITY OF PALOS HTS.

No. 79-532.

85 Ill. App.3d 89 (1980)

405 N.E.2d 1256

AUSTIN VIEW CIVIC ASSOCIATION et al., Plaintiffs-Appellants, v. THE CITY OF PALOS HEIGHTS, Defendant-Appellee.

Appellate Court of Illinois — First District (4th Division).

Rehearing denied June 19, 1980.

Attorney(s) appearing for the Case

Joseph J. Kozlowski and John A. Smith, both of Chicago (Kozlowski and Smith, of counsel), for appellants.

Warren L. Swanson, of Chicago, for appellee.

Reversed and remanded.

Mr. PRESIDING JUSTICE LINN delivered the opinion of the court:

Plaintiffs brought this class action in the circuit court of Cook County seeking a declaratory judgment, an injunction, and an accounting. Defendant, City of Palos Heights, is a municipal corporation owning and operating a combined waterworks and sewerage system that supplies water to both the residents of Palos Heights and nonresidents such as plaintiffs. The crux of plaintiffs...

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