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IN RE PETITION OF VILLAGE OF MT. PROSPECT

No. 86-1989.

167 Ill. App.3d 1031 (1988)

522 N.E.2d 122

In re PETITION OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS, TO SELL CERTAIN PUBLIC PROPERTY NO LONGER FEASIBLE OR PRACTICABLE FOR PUBLIC PURPOSES AND TO APPLY THE PROCEEDS THEREOF TO RELATED PUBLIC USE PURSUANT TO THE DOCTRINE OF CY PRES (The Village of Mount Prospect, Plaintiff-Appellant, v. The People ex rel. Neil F. Hartigan, Attorney General, Defendant-Appellee (Bruce J. Motyka et al., Intervenors)).

Appellate Court of Illinois — First District (1st Division).

Opinion filed February 29, 1988.

Attorney(s) appearing for the Case

James K. Stucko, Arthur M. Holtzman, and Ross H. Fishman, all of Pedersen & Houpt, P.C., of Chicago, for appellant.

Neil F. Hartigan, Attorney General, of Springfield (Roma Jones Stewart, Solicitor General, and Christine H. Rosso, Deborah R. Stone, and Matthew D. Shapiro, Assistant Attorneys General, of Chicago of counsel), for appellee State of Illinois.

Bruce J. Motyka, of Mount Prospect, appellee pro se.

Order affirmed.

JUSTICE O'CONNOR delivered the opinion of the court:

Petitioner, the Village of Mount Prospect (Village), appeals from the order of the circuit court of Cook County denying its petition, pursuant to the doctrine of cy pres, requesting approval of the sale of a part of property which was dedicated for public purposes.

On appeal, the Village contends that: (1) the trial court's denial of the petition was contrary to the law and...

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