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BANK OF WHEATON v. VILLAGE OF ITASCA

No. 2-88-0490.

178 Ill. App.3d 626 (1989)

533 N.E.2d 553

BANK OF WHEATON et al., Plaintiffs, v. THE VILLAGE OF ITASCA et al., Defendants-Appellants (Chicago Title & Trust Company, as Trustee, et al., Intervening Plaintiffs-Appellees).

Appellate Court of Illinois — Second District.

Rehearing denied February 14, 1989.

Attorney(s) appearing for the Case

Michael W. Condon and Patrick K. Bond, both of Schirott & Associates, P.C., and Lawrence C. Traeger, both of Itasca (James R. Schirott, of counsel), for appellants.

Peter C. Woodford and Daniel J. Voelker, both of Seyfarth, Shaw, Fairweather & Geraldson, and Thomas T. Burke, of Burke & Ryan, both of Chicago (Jeffrey Jahns, of counsel), for appellees.

Reversed and remanded.

JUSTICE INGLIS delivered the opinion of the court:

This appeal involves a dispute regarding the continued validity of a 1970 annexation agreement entered into between plaintiff Bank of Wheaton, as trustee, and defendant, Village of Itasca. Plaintiffs, Bank of Wheaton as trustee under trust No. 1638, and Anastasia Spear and Catherine Kanzler as beneficiaries, brought the underlying action seeking to enjoin the Village from denying the...

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