VILLAGE OF SOUTHERN VIEW v. COUNTY OF SANGAMON

No. 4-91-0867.

592 N.E.2d 639 (1992)

228 Ill. App.3d 468

170 Ill.Dec. 203

VILLAGE OF SOUTHERN VIEW, an Illinois municipal corporation, Plaintiff-Appellant, v. COUNTY OF SANGAMON, a body corporate and politic, First of America Bank—Springfield, N.A., as Trustee under Trust 35-6438, dated July 13, 1990, and Recyclers International Corporation, Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

May 7, 1992.


Attorney(s) appearing for the Case

Val C. Simhauser, Simhauser Law Office, Springfield, for plaintiff-appellant.

Donald M. Cadagin, State's Atty., Springfield, John Kenneth Peek, Asst. State's Atty. for County of Sangamon.

Michael O'Hara, Cavanagh & O'Hara, Springfield, for First of America Bank.


Justice McCULLOUGH delivered the opinion of the court:

Plaintiff Village of Southern View filed a three-count complaint on August 13, 1991, seeking injunctive and declaratory relief alleging that the failure to mail a copy of the notice of a public hearing on a proposed zoning amendment to the clerk of Southern View rendered the amendment rezoning the land void ab initio. Defendant Sangamon County filed a motion for judgment on the pleadings on September 10...

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