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BYRON DRAGWAY, INC. v. COUNTY OF OGLE

No. 2-00-0934.

759 N.E.2d 595 (2001)

326 Ill. App.3d 70

259 Ill.Dec. 815

BYRON DRAGWAY, INC., Plaintiff-Appellant, v. The COUNTY OF OGLE, Defendant-Appellee.

Appellate Court of Illinois, Second District.

November 14, 2001.

Attorney(s) appearing for the Case

Alan W. Cargerman, Fearer, Nye, Ahlberg & Chadwick, Oregon, for Byron Dragway, Inc.

Douglas P. Floski, Ogle County State's Attorney, Deborah E. Ellis, Assistant State's Attorney, Oregon, for County of Ogle.

Justice CALLUM delivered the opinion of the court:

Plaintiff, Byron Dragway, Inc., sought a declaratory judgment against defendant, the County of Ogle. Plaintiff asserted that an ordinance amendment reducing the days and hours that plaintiff's raceway could be open for business resulted in a taking of its property without compensation. The trial court granted defendant's motion to dismiss pursuant to section 2-619(a)(9) of the Code of Civil Procedure (the Code) (735...

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