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CITIZENS UTIL. CO. v. CENTEX-WINSTON CORP.

No. 3-88-0413.

185 Ill. App.3d 610 (1989)

541 N.E.2d 681

CITIZENS UTILITIES COMPANY OF ILLINOIS, Plaintiff-Appellee and Counterappellant, v. CENTEX-WINSTON CORPORATION et al., Defendants-Appellants and Counterappellees (Shell Oil Company, Intervening Defendant-Appellant and Counterappellee).

Appellate Court of Illinois — Third District.

Rehearing denied August 16, 1989.

Attorney(s) appearing for the Case

Stuart D. Gordon and George A. Marchetti, both of Moss & Bloomberg, Ltd., of Bolingbrook (Barry L. Moss, of counsel), for appellant Village of Bolingbrook.

Thomas R. Wilson, of Herschbach, Tracy, Johnson, Bertani & Wilson, of Joliet, and Marlaine McVisk and John M. Touhy, both of Mayer, Brown & Platt, of Chicago (Lee N. Abrams, of counsel), for appellee.

Affirmed in part and reversed in part.

JUSTICE SCOTT delivered the opinion of the court:

At issue in this appeal is the validity and enforceability of a consent decree entered into in 1971 by the Village of Bolingbrook (Village) and Citizens Utilities Company of Illinois (Citizens). In the court below, Citizens sought a permanent injunction prohibiting the Village from violating the consent decree. Specifically...

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