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IN RE ANNEXATION TO CITY OF DANVILLE

No. 15892.

84 Ill. App.3d 138 (1980)

404 N.E.2d 1133

In re ANNEXATION TO THE CITY OF DANVILLE. — (MARY JANE KIDD et al., Petitioners-Appellants, v. LYNCH AREA FIRE PROTECTION DISTRICT et al., Objectors-Appellees.)

Appellate Court of Illinois — Fourth District.

Opinion filed May 13, 1980.

Attorney(s) appearing for the Case

Richard V. Houpt, of Pedersen & Houpt, of Chicago, and Everett L. Laury, of Hutton, Laury, Hesser & Lietz, of Danville, for appellants.

Dukes, O'Rourke, Stewart & Martin, Ltd., Merlie & Merlie, and Richard M. Doggett, of Gunn, Michman, Kesler, Jenkins and Brougher, P.C., all of Danville (John F. Martin and Michael J. Merlie, of counsel), for appellees.

Reversed and remanded.

Mr. JUSTICE WEBBER delivered the opinion of the court:

This appeal lies from an order of the circuit court of Vermilion County dismissing a petition to annex certain territory to the city of Danville. We reverse and remand.

Two basic issues are raised: (1) whether the circuit court committed error in dismissing on the basis of a stipulation of fact about which there is some dispute, and (2) whether an annexation petition, at...

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