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BENEFICIAL DEV. v. CITY OF HIGHLAND PARK

No. 75012.

641 N.E.2d 435 (1994)

161 Ill.2d 321

204 Ill.Dec. 211

BENEFICIAL DEVELOPMENT CORPORATION et al. (Beneficial Development Corporation, Appellant) v. The CITY OF HIGHLAND PARK et al., Appellees.

Supreme Court of Illinois.

Rehearing Denied October 3, 1994.

Attorney(s) appearing for the Case

Everette M. Hill, Jr., Arnstein & Lehr, Chicago, for appellant.

Erwin W. Jentsch, Elgin, John J. Zimmermann, Corp. Counsel, Highland Park, and Erwin W. Jentsch, Mt. Prospect, for appellee City of Highland Park.

Kenneth M. Lodge, Smith, Williams & Lodge, Chartered, and Ronald L. Sandack, Chicago, for appellee Shaf Home Builders.

Justice MILLER delivered the opinion of the court:

Plaintiffs, Beneficial Development Corporation, Tennyson Development Corporation, and Betty Holst, brought suit in the circuit court of Lake County against defendants, the City of Highland Park and Shaf Home Builders, Inc., for a declaration of rights that a recapture agreement entered into between defendants could not be enforced against plaintiffs. Plaintiffs further alleged in a separate count that defendants constructed...

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