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RAINTREE HOMES, INC. v. VILLAGE OF KILDEER

No. 2-98-0176.

705 N.E.2d 953 (1999)

302 Ill. App.3d 304

235 Ill.Dec. 770

RAINTREE HOMES, INC., et al., Plaintiffs-Appellants, v. The VILLAGE OF KILDEER, Defendant-Appellee.

Appellate Court of Illinois, Second District.

January 22, 1999.

Attorney(s) appearing for the Case

Margaret M. Borcia, Morrison & Morrison, P.C., Waukegan, Michael McGurn, McGurn & Associates, Ltd., Naperville, for Raintree Builders, Inc., Raintree Homes, Inc.

Patrick A. Lucansky, Gerard E. Dempsey, Rinda Y. Allison, Klein, Thorpe & Jenkins, Ltd., Chicago, for Village of Kildeer.

Justice RAPP delivered the opinion of the court:

Plaintiffs, Raintree Homes, Inc., and Raintree Builders, Inc., appeal the judgment of the circuit court of Lake County dismissing their amended complaint for declaratory judgment and other relief against defendant, Village of Kildeer (the Village). The complaint sought as other relief an order requiring defendant to refund certain impact fees. Plaintiffs contend that the trial court erred in

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