PEOPLE v. CLAAR

No. 3-97-0197.

687 N.E.2d 557 (1997)

293 Ill. App.3d 211

227 Ill.Dec. 307

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Roger CLAAR, Defendant-Appellee (Village of Bolingbrook, Intervenor-Appellee).

Appellate Court of Illinois, Third District.

November 20, 1997.


Attorney(s) appearing for the Case

James Glasgow, Will County State's Attorney, Tara A. Taylor (argued), Will County Assistant State's Attorney, Joliet, for the People.

Thomas K. McQueen, Anton R. Valukas, David A. Schwartz (argued), Jenner & Block, Chicago, for Roger C. Claar.

Barry L. Moss (argued), George A. Marchetti, Norma J. Guess, Moss & Bloomberg, Ltd., Bolingbrook, for Village of Bolingbrook.


Justice HOMER delivered the opinion of the court:

The Will County State's Attorney filed a complaint in quo warranto (735 ILCS 5/18-101, 18-103 (West 1996)), against Robert Claar seeking his ouster as mayor of the Village of Bolingbrook based upon allegations that Claar's positions as mayor and director of the Illinois Toll Highway Authority are incompatible. The trial court dismissed the complaint for failure to state a cause of action (735 ILCS 5/2-615 (West...

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