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CITY OF CARBONDALE v. CITY OF MARION

No. 5-90-0156.

569 N.E.2d 290 (1991)

210 Ill. App.3d 870

155 Ill.Dec. 290

CITY OF CARBONDALE, an Illinois Municipal Corporation, Plaintiff-Appellant, v. CITY OF MARION, an Illinois Municipal Corporation, and Antonia-Marion, Inc., a Missouri Corporation, Defendants-Appellees.

Appellate Court of Illinois, Fifth District.

March 22, 1991.

Attorney(s) appearing for the Case

Don E. Prosser, Gilbert, Kimmel, Huffman & Prosser, Ltd., Carbondale, for plaintiff-appellant.

Michael M. Conway, John F. Zabriskie, Hopkins & Sutter, Chicago (John Speroni, Garrison & Speroni, Marion, of counsel), for city of Marion.

James B. Bleyer, Bleyer & Bleyer, Marion (Gregory R. Smith, Matthew D. Menghini, Husch Eppenberger Donohue Cornfeld & Jenkins, St. Louis, Mo., of counsel), for Antonia-Marion Inc.

Presiding Justice RARICK delivered the opinion of the court:

The City of Carbondale (Carbondale) brought an action in the circuit court of Williamson County against the City of Marion (Marion) and Antonia-Marion, Inc., seeking declaratory and injunctive relief. Carbondale sought to have Marion's plan to use tax increment financing to subsidize the development of a retail shopping mall declared illegal and an injunction prohibiting Marion and the developer, Antonia...

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