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GALLIK v. COUNTY OF LAKE

No. 2-01-1387.

781 N.E.2d 522 (2002)

335 Ill. App.3d 325

269 Ill.Dec. 725

William P. GALLIK and Christine E. Martin-Gallik, Plaintiffs-Appellants, v. The COUNTY OF LAKE; Suzi Schmidt Indiv. and as Chairman of the Lake County Board; Judi Martini, Indiv. and as Vice Chairman of the Lake County Board; Loretta McCarley, Brent Paxton, Bonnie Thomson Carter, Larry Leafblad, Al Westerman, Robert Sabonjian, Peggy Shorts, Diana O'Kelly, Sandy Cole, Angelo D. Kyle, John Schulien, Audrey Nixon, Carol Calabresa, Mary Beattie, Stevenson Mountsier, Pamela O. Newton, Michael Talbett, David B. Stolman, Martha Marks, Carol Spielman, Robert Buhai, Each Indiv. and as a Lake County Board Member; and Philip Rovang, Director, Lake County Planning, Building, and Development, Defendants-Appellees (The Township of Cuba; David F. Nelson, Cuba Township Supervisor; the Cuba Township Road District, Kermit Smiddy, Indiv. and as Cuba Township Highway Commissioner; and Thomas W. Gooch III, Indiv. and as Acting Cuba Township Highway Commissioner, Defendants).

Appellate Court of Illinois, Second District.

Rehearing Denied January 3, 2003.

Attorney(s) appearing for the Case

Paul C. Pinderski, Jerome W. Pinderski, Jr., Pinderski & Pinderski, Ltd., Palatine, for William P. Gallik, Christine E. Martin-Gallik.

Michael J. Waller, Lake County State's Attorney, Lisle A. Staler, Assistant State's Attorney, Waukegan, for County of Lake.

Thomas W. Gooch III, Wysocki & Gooch, Wauconda, for Cuba Township Defendants.

Justice O'MALLEY delivered the opinion of the court:

Plaintiffs, William P. Gallik and Christine E. Martin-Gallik, own real estate in an unincorporated portion of Lake County. Plaintiffs wished to construct a single-family residence on their land. Owing to the fact that their land is partially located in a floodplain, in order to construct their home, plaintiffs were required to obtain a conditional use permit from defendant Lake County (County) so that they could...

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