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CITY OF SHELBYVILLE v. SHELBYVILLE RESTORIUM, INC.

No. 57183.

96 Ill.2d 457 (1983)

451 N.E.2d 874

THE CITY OF SHELBYVILLE, Appellant, v. SHELBYVILLE RESTORIUM, INC., Appellee.

Supreme Court of Illinois.

Opinion filed June 17, 1983.

Attorney(s) appearing for the Case

Franklin E. Dove, of Shelbyville, for appellant.

William L. Turner, of Shelbyville (James C. Craven, of Springfield, of counsel), for appellee.

Affirmed and remanded.

JUSTICE SIMON delivered the opinion of the court:

In this appeal by defendant, Shelbyville Restorium, Inc., a home builder, we are asked to decide whether the statute of limitations may be raised as a defense to an action by a municipality seeking money damages and an order compelling the defendant to construct certain streets in a subdivision. The circuit court of Shelby County ruled that it could and dismissed the action; the appellate...

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