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IN RE VILLAGE OF MITCHELL

No. 5-99-0233.

743 N.E.2d 571 (2000)

316 Ill.App.3d 284

252 Ill.Dec. 703

In re INCORPORATION OF a VILLAGE TO BE KNOWN AS the VILLAGE OF MITCHELL (Petitioners for Incorporation, Petitioners-Appellants; The Village of Pontoon Beach, The City of Edwardsville, and The City of Granite City, Objectors-Appellees and Cross-Appellants; Union Electric Development Company and Gateway Commerce Center Investment Company, L.L.C., Objectors-Appellees).

Appellate Court of Illinois, Fifth District.

September 13, 2000.

Attorney(s) appearing for the Case

James S. Sinclair, Stobbs & Sinclair, Ltd., Alton, for Appellants.

Keith A. Jensen, Jensen, Spengler & Cooper, Granite City, for Village of Pontoon Beach and The City of Granite City.

David J. Gerber, Gerber Law Offices, Edwardsville, for The City of Edwardsville.

Myron A. Hanna, The Stolar Partnership, Belleville, for Union Electric Development Co.

Katherine M. Smith, Reed, Armstrong, Gorman, Mudge & Morrissey, P.C., Edwardsville, for Gateway Commerce Center Investment Company, L.L.C.

Justice HOPKINS delivered the opinion of the court:

The petitioners, 697 voters of Madison County (petitioners), appeal the trial court's order dismissing their petition for incorporation as a village. On appeal, petitioners contend that the trial court erred in reducing the population of the proposed Village of Mitchell to below 7,500 because of annexation activities of the City of Edwardsville (Edwardsville) and the City of Granite City (Granite City), thereby requiring...

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