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McDONALD v. COUNTY BOARD OF KENDALL CTY.

No. 2-85-0818.

146 Ill. App.3d 1051 (1986)

497 N.E.2d 509

CHARLES O. McDONALD, Sheriff of Kendall County, Plaintiff-Appellant, v. THE COUNTY BOARD OF KENDALL COUNTY et al., Defendants-Appellees.

Appellate Court of Illinois — Second District.

Rehearing denied October 6, 1986.

Attorney(s) appearing for the Case

John H. Kelly and Thomas F. McGuire, both of Thomas F. McGuire & Associates, Ltd., of Long Grove, for appellant.

Roger A. White & Associates, Ltd., of Lake Bluff, for appellees.

Affirmed in part, and reversed in part and remanded.

JUSTICE WOODWARD delivered the opinion of the court:

This appeal is taken by the sheriff of Kendall County, Charles McDonald, from the decision of the circuit court of Kendall County granting the Kendall County board's motion to dismiss based upon appellant's failure to state a cause of action in his complaint for declaratory judgment. The facts are not in dispute.

At the time McDonald took office...

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