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FIRST NAT'L BANK v. VILL. OF MT. PROSPECT

No. 1-89-0284.

197 Ill. App.3d 855 (1990)

557 N.E.2d 1257

FIRST NATIONAL BANK OF MOUNT PROSPECT, as Trustee, et al., Plaintiffs-Appellees, v. THE VILLAGE OF MOUNT PROSPECT et al., Defendants-Appellants.

Appellate Court of Illinois — First District (3rd Division).

Rehearing denied June 15, 1990.

Attorney(s) appearing for the Case

Pederson & Houpt, P.C., of Chicago (Arthur M. Holtzman and Joan G. Stevens, of counsel), for appellants.

Burke, Wilson & McIlvaine, of Chicago (Tom W. Stonecipher, Keith J. Shuttleworth, and Clinton J. Wesolik, of counsel), for appellees.

Reversed and remanded.

JUSTICE FREEMAN delivered the opinion of the court:

On August 22, 1988, plaintiffs, the owners and holders of legal title to 23 parcels of real estate located within the corporate limits of the Village of Mount Prospect (Mt. Prospect), filed a second amended complaint seeking, in count I, disconnection of their property from Mt. Prospect (Ill. Rev. Stat. 1987, ch. 24, par. 7-3-6) and, in count II, an order requiring Mt. Prospect to maintain...

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