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LEMONT-BROMBEREK SCH. DIST. v. WALTER

No. 1-95-1137.

665 N.E.2d 548 (1996)

The LEMONT-BROMBEREK COMBINED SCHOOL DISTRICT NO. 113(A), Cook and DuPage Counties et al., Plaintiffs and Counterdefendants-Appellees, v. Ronald WALTER, President of the Lemont-Bromberek Combined School District No. 113(a), Cook and DuPage Counties, Defendant (Gary A. King, as County Clerk of DuPage County, Defendant-Appellant; The People of the State of Illinois and DuPage County ex rel. Anthony M. Peccarelli, Intervening Defendant and Counterplaintiff-Appellant).

Appellate Court of Illinois, First District, Fifth Division.

May 10, 1996.

Attorney(s) appearing for the Case

Anthony M. Peccarelli, State's Attorney of DuPage County, Margaret M. Healy and Anna B. Harkins, for Gary A. King and People of the State of Illinois.

Ottosen Sinson Trevarthen & Britz, Ltd., Wheaton, Robert W. Trevarthen and Patricia M. Fennell, for Combined School District No. 113(a).

Presiding Justice McNULTY delivered the opinion of the court:

A combined school district brought this mandamus action to compel its school board president to issue refunding bonds and to compel the county clerk to levy taxes for the refunding bonds. On cross-motions for summary judgment based on stipulated facts, the trial court held that the School Code (105 ILCS 5/1-1 et seq. (West 1994)) gave the district...

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