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SUNDANCE HOMES, INC. v. COUNTY OF DUPAGE

Nos. 88763, 88764.

746 N.E.2d 254 (2001)

195 Ill.2d 257

253 Ill.Dec. 806

SUNDANCE HOMES, INC., et al., Appellants, v. The COUNTY OF DUPAGE et al., Appellees.

Supreme Court of Illinois.

Rehearing Denied April 2, 2001.

Attorney(s) appearing for the Case

Joseph M. Laraia, of Laraia & Hubbard, P.C., Wheaton, and Vincent L. DiTommaso, of DiTommaso & Associates, Oak Brook, for appellant Sundance Homes, Inc.

Theodore A. Shapero, Bruce C. Nelson and Harold W. Francke, of Piper, Marbury, Rudnick & Wolfe, Chicago, for appellants Fifield Cos. et al.

Joseph E. Birkett, State's Attorney, Wheaton (Margaret M. Healy and Anna B. Harkins, Assistant State's Attorneys, of counsel), for appellees.

Chief Justice HARRISON delivered the opinion of the court:

On March 23, 1995, this court rendered its opinion in Northern Illinois Home Builders Ass'n v. County of DuPage, 165 Ill.2d 25, 208 Ill.Dec. 328, 649 N.E.2d 384 (1995) (hereinafter referred to as NIHBA), holding unconstitutional the first of two state enabling statutes, and DuPage...

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