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BODINE ELEC. OF CHAMPAIGN v. CITY OF CHAMPAIGN

No. 4-98-0887.

711 N.E.2d 471 (1999)

305 Ill. App.3d 431

238 Ill.Dec. 368

BODINE ELECTRIC OF CHAMPAIGN, A DIVISION OF RATHJE ENTERPRISES, INC., a Delaware Corporation, Plaintiff-Appellant, v. The CITY OF CHAMPAIGN, an Illinois Municipal Corporation, and Potter Electric Services, Inc., a Corporation, Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

Decided May 27, 1999.

Attorney(s) appearing for the Case

T.G. Bolen, Michael J. Kehart, James E. Peckert, A. James Shafter (argued), Kehart, Shafter & Webber, P.C., Decatur, for Bodine Electric of Champaign.

Frederick C. Stavins, City Attorney, Shaun K. Stuart, Assistant City Attorney (argued), City of Champaign, Champaign, for City of Champaign.

David C. Thies (argued), Lara L. Quivey, Webber & Thies, P.C., Urbana, for Potter Electric Services, Inc.

Justice MYERSCOUGH delivered the opinion of the court:

Plaintiff, Bodine Electric of Champaign (Bodine), brought an action for declaratory judgment against the City of Champaign (City) to determine whether the submission of a 5% bid bond, rather than the required 10%, was a material variance that the City could not waive or an immaterial variance that the City had the discretion to waive. The trial court found for defendant...

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