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PEOPLE EX REL. BIRKETT v. CITY OF CHICAGO

Nos. 2-00-0615, 2-00-0715.

758 N.E.2d 25 (2001)

325 Ill. App.3d 196

259 Ill.Dec. 180

The PEOPLE ex rel. Joseph E. BIRKETT, Plaintiff-Appellant, v. The CITY OF CHICAGO, Defendant-Appellee. The Roman Catholic Diocese of Joliet, Plaintiff-Appellant, v. The City of Chicago, Defendant-Appellee.

Appellate Court of Illinois, Second District.

Rehearing Denied November 14, 2001.

Attorney(s) appearing for the Case

Joseph E. Birkett, Du Page County State's Attorney, Margaret M. Healy, Nancy J. Wolfe, Paul F. Bruckner, Assistant State's Attorneys, Wheaton, for People ex rel. Joseph E. Birkett.

Joseph V. Karaganis, John W. Kalich, Karaganis, White & Magel, Ltd., Chicago, for Roman Catholic Diocese of Joliet.

Mara S. Georges, Corporation Counsel, Lawrence Rosenthal, Deputy Corporation Counsel of the City of Chicago, Benna Ruth Solomon, Suzanne M. Loose, Chief Assistants Corporation Counsel, Chicago, for City of Chicago.

Ronald N. Schultz, Legal Director, Kathleen Elliott, City of Rockford Department of Law, Rockford, for City of Rockford.

Justice RAPP delivered the opinion of the court:

Plaintiffs, the Roman Catholic Diocese of Joliet (Diocese) and the People of the State of Illinois ex rel. Joseph E. Birkett (the People), separately sued defendant, the City of Chicago (City), for nuisance. Plaintiffs alleged that aircraft arriving at and departing from the City's O'Hare International Airport generate noise that interferes with the operation of the Diocese's schools. The trial court dismissed...

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