ILLINOIS-AMERICAN WATER v. CITY OF PEORIA

No. 3-01-0950.

774 N.E.2d 383 (2002)

332 Ill. App.3d 1098

266 Ill.Dec. 277

ILLINOIS-AMERICAN WATER COMPANY, Plaintiff-Appellant, v. The CITY OF PEORIA and Peoria Area Advancement Group, L.L.C., Defendants-Appellees.

Appellate Court of Illinois, Third District.

July 16, 2002.


Attorney(s) appearing for the Case

Timothy J. Cassidy (argued), David B. Mueller, Cassidy & Mueller, Peoria, Michelle Palacios, Boyd J. Springer, Jones, Day, Reavis & Pogue, Chicago, Joe A. Conner, Baker, Donelson, Bearman & Caldwell, Chattanooga, for Illinois-American Water Co.

Timothy J. Howard (argued), Janice M. Powell, Howard & Howard Attorneys, P.C., Randall P. Ray, for City of Peoria.

Gregory S. Bell (argued), Hasselberg, Rock, Bell & Kuppler, Peoria, for Peoria Area Advancement Group, L.L.C.


Justice BRESLIN delivered the opinion of the court:

In this declaratory judgment action, plaintiff Illinois-American Water Company (company) appeals the trial court's decision upholding the validity of a 113-year-old purchase option in an agreement between its predecessor and the City of Peoria for the sale of a water works. The company also appeals the trial court's decision that it lacked standing to bring an action against defendant Peoria Area Advancement Group...

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