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COUNTY OF WILL v. CITY OF NAPERVILLE

No. 3-91-0024.

589 N.E.2d 1090 (1992)

226 Ill. App.3d 662

168 Ill.Dec. 690

COUNTY OF WILL, Plaintiff-Appellee, v. CITY OF NAPERVILLE, Defendant-Appellant.

Appellate Court of Illinois, Third District.

March 26, 1992.

Attorney(s) appearing for the Case

Marvin J. Glink (argued), David Lincoln Ader (argued), Ancel, Glink, Diamond & Cope, P.C., Chicago, for City of Naperville.

Judith Z. Kelly (argued), States' Attys. Appellate Prosecutor, Ottawa, Edward Burmila, Jr., Will County State's Atty., Joliet, John X. Breslin, Deputy Director, State's Attys. Appellate Prosecutor, Ottawa, for County of Will.

Justice SLATER delivered the opinion of the court:

In this case the City of Naperville (city) and the County of Will (county) each claim the power to zone a parcel of land. The trial court found in favor of the county. We affirm.

The city purchased a 40 acre parcel of land in unincorporated Will County. The parcel was not contiguous to the corporate limits of the city nor was it geographically situated to permit annexation by the city. The parcel was zoned...

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