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GLISSON v. CITY OF MARION

No. 5-97-0185.

697 N.E.2d 433 (1998)

297 Ill. App.3d 841

231 Ill.Dec. 879

Joseph M. GLISSON, Plaintiff-Appellant, v. The CITY OF MARION, Illinois, and Robert Butler, Mayor, Defendants-Appellees.

Appellate Court of Illinois, Fifth District.

Rehearing Denied August 4, 1998.

Attorney(s) appearing for the Case

Eric M. Schwing, Babette P. Salus, Schwing & Salus, P.C., Springfield, for Plaintiff-Appellant.

Thompson Coburn, Thomas W. Alvey, Jr., Stephen G. Jeffery, Ann C. Barron, Belleville, for Defendants-Appellees.

Albert F. Ettinger, Chicago (Susan M. George, The Center for Wildlife Law/Defenders of Wildlife, Albuquerque, NM), for Amici Curiae Sierra Club and Defenders of Wild-life.

Mary Lee Leahy, Leahy Law Offices, Springfield, for Amicus Curiae Mary Lee Leahy.

Justice RARICK delivered the opinion of the court:

Plaintiff, Joseph Glisson, filed a complaint for injunctive and declaratory relief in the circuit court of Williamson County, seeking to enjoin the City of Marion from constructing a dam and reservoir on Sugar Creek. Glisson alleged, inter alia, that the project will destroy the habitat for two species listed as endangered or threatened under the Illinois Endangered Species Protection Act (Act) (520 ILCS 10...

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