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GR. CHILLICOTHE SANITARY DIST. v. PRATHER

No. 3-86-0595.

157 Ill. App.3d 1086 (1987)

510 N.E.2d 628

THE GREATER CHILLICOTHE SANITARY DISTRICT OF PEORIA COUNTY, Plaintiff-Appellant, v. WILLIAM R. PRATHER, Defendant-Appellee.

Appellate Court of Illinois — Third District.

Opinion filed July 17, 1987.

Attorney(s) appearing for the Case

Michael T. Mahoney, of Michael T. Mahoney, Ltd., of Chillicothe, for appellant.

Richard E. Quinn, Gery R. Gasick, and Kevin M. Miller, all of McConnell, Kennedy, Quinn & Johnston, of Peoria, for appellee.

John Roseberg, of Illinois Association of Sanitary Districts, of Rockford, for amicus curiae.

Judgment reversed.

JUSTICE GREEN delivered the opinion of the court:

Section 7 of the Sanitary District Act of 1917 (Act) states in part:

"Every [district created under the Act] shall proceed as rapidly as is reasonably possible to provide sewers and a plant or plants for the treatment and purification of its sewage, which plant or plants shall be of suitable kind and sufficient capacity to properly treat and purify such sewage so as to conduce...

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