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COUNTY OF LAKE v. SEMMERLING

No. 2-89-0487.

195 Ill. App.3d 93 (1990)

551 N.E.2d 1110

THE COUNTY OF LAKE, Plaintiff-Appellant, v. JAMES SEMMERLING, Lake Villa Township Road Commissioner, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed March 12, 1990.

Attorney(s) appearing for the Case

Fred L. Foreman, State's Attorney, and James C. Bakk, of Lonchar, Nordigian & Bakk, both of Waukegan (Van J. Herrero, Assistant State's Attorney, of counsel), for appellant.

Hill, Van Santen, Steadman & Simpson, P.C., of Chicago (Scott W. Petersen, of counsel), for appellee.

Jacqueline M. Gerber, of Brown, Hay & Stephens, of Springfield, for amicus curiae Township Officials of Illinois.

Richard H. Hoffman, Victor J. Piekarski, and Michael Resis, all of Querrey & Harrow, Ltd., of Waukegan, for amicus curiae Urban Counties Council of Illinois.

Affirmed in part, and reversed in part and remanded.

JUSTICE REINHARD delivered the opinion of the court:

Plaintiff, the County of Lake, filed suit in the circuit court of Lake County seeking, inter alia, a permanent mandatory injunction requiring defendant, James Semmerling, the Lake Villa Township road commissioner, to apply for and obtain a site-development permit pursuant to a Lake County ordinance for certain work to be done by defendant on various...

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