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CITY OF WHEATON v. SANDBERG

No. 2-90-0640.

574 N.E.2d 697 (1991)

215 Ill. App.3d 220

158 Ill.Dec. 584

The CITY OF WHEATON, Plaintiff-Appellee, v. Robert A. SANDBERG, et al., Defendants-Appellants.

Appellate Court of Illinois, Second District.

Rehearing Denied July 24, 1991.

Attorney(s) appearing for the Case

John E. Waghorne (argued), Addison, for Robert O. Sandberg and Karen K. Sandberg.

Edward J. Walsh, Jr., Brian J. Diamond (argued), Walsh, Knippen, Knight & Diamond, Chtd., Wheaton, for City of Wheaton, Du Page Trust Co., John Loftus Novak, Sr. and Jay Bennett.

Justice DUNN delivered the opinion of the court:

Defendants, Robert and Karen Sandberg et al., appeal the trial court's denial of the defendants' motion to dismiss and traverse an action by the plaintiffs, the City of Wheaton (City), to condemn their property. The defendants contend the City acted beyond its home-rule authority in adopting the ordinance on which this eminent domain action is based. In addition, defendants claim the enabling ordinance is invalid...

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