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NORTH POLE CORP. v. VILL. OF E. DUNDEE

No. 2-93-0655.

635 N.E.2d 1060 (1994)

263 Ill. App.3d 327

200 Ill.Dec. 721

NORTH POLE CORPORATION, Plaintiff-Appellant, v. The VILLAGE OF EAST DUNDEE, Defendant-Appellee.

Appellate Court of Illinois, Second District.

June 10, 1994.

Attorney(s) appearing for the Case

William A. Von Hoene, Jr., Janice A. Hornaday, Jenner & Block, Chicago, Alfred Y. Kirkland, Jr., Brady, McQueen, Martin, Collins & Jensen, Elgin, for North Pole Corp.

John E. Regan, Early, Collison, Tousey, Regan & Farrell, Elgin, for Village of East Dundee.

Justice McLAREN delivered the opinion of the court:

Plaintiff, North Pole Corporation, sued for a declaratory judgment that an amusement tax enacted by defendant, the Village of East Dundee (the Village), is unconstitutional and void. Plaintiff appeals interlocutorily (134 Ill.2d R. 307(a)) the denial of a preliminary injunction that would prevent the enforcement or collection of the tax pending the outcome of the litigation. On appeal, plaintiff argues that the trial...

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