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IN RE DRAINAGE DIST. NO. 1

No. 17617.

106 Ill. App.3d 241 (1982)

435 N.E.2d 902

In re DRAINAGE DISTRICT NO. 1 OF THE TOWN OF CERRO GORDO IN THE COUNTY OF PIATT. — (DRAINAGE DISTRICT NO. 1 OF THE TOWN OF CERRO GORDO IN THE COUNTY OF PIATT, Plaintiff-Appellant, v. THE VILLAGE OF CERRO GORDO, Defendant-Appellee.)

Appellate Court of Illinois — Fourth District.

Rehearing denied June 11, 1982.

Attorney(s) appearing for the Case

Mary A. Perlstein, of Dobbins, Fraker, Tennant, Joy & Perlstein, of Champaign, for appellant.

Burger, Fombelle, Wheeler & Dvorak, P.C., of Decatur, for appellee.

Reversed and remanded.

JUSTICE MILLS delivered the opinion of the court:

This case involves a contract for drainage improvements.

In 1970, Drainage District No. 1 (District) and the Village of Cerro Gordo (Village) entered into an agreement whereby the Village agreed to pay for benefits received by virtue of drainage improvements made by the District. The agreement — said to be for "the purpose of adjusting their claim for benefits" —...

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