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CONSUMERS ILLINOIS WATER CO. v. COUNTY OF WILL

No. 3-90-0816.

580 N.E.2d 927 (1991)

220 Ill. App.3d 93

162 Ill.Dec. 744

CONSUMERS ILLINOIS WATER CO., a Corporation, Plaintiff-Appellee, v. COUNTY OF WILL, a Body Corporate and Politic of the State of Illinois, Defendant-Appellee (Citizens Requesting Environmentally Safe Sewer Treatment, Jane Evans, Dorothy Tanis and Rita Willis, Intervenors-Appellants).

Appellate Court of Illinois, Third District.

October 18, 1991.

Attorney(s) appearing for the Case

Michael R. Lucas, McKeown Law Offices, Richard T. Buck (argued), McKeown Fitzgerald Zollner Buck Hutchison & Ruttie, Gary S. Mueller, McKeown, Fitzgerald, Zollner & Buck, Joliet, for CRESST, Jane Evans, Dorothy Tanis, Rita Willis.

Lyman C. Tieman (argued), Lyman C. Tieman & Associates, Joliet, Jeffrey J. Baker (argued), Jones, Day, Reavis & Pogue, Chicago, for Consumers Illinois Water Co.

John X. Breslin, Deputy Director, State's Attys. Appellate Prosecutor, Ottawa, Edward Burmila, Jr., Will County State's Atty., Joliet, for County of Will.

Justice HAASE delivered the opinion of the Court.

The plaintiff, Consumers Illinois Water Company (Consumers), brought suit against the defendant, County of Will (the County), seeking a declaratory judgment that the County's zoning ordinance as applied was unconstitutional. Prior to trial, Consumers and the County entered into an agreed settlement order. Thereafter, Citizens Requesting Environmentally Safe Sewer Treatment (CRESST) intervened and filed a motion to...

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