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THOMPSON v. VILLAGE OF NEWARK

No. 2-01-0542.

768 N.E.2d 856 (2002)

329 Ill. App.3d 536

263 Ill.Dec. 775

David E. THOMPSON and Marcita A. Thompson, Plaintiffs-Appellants, v. The VILLAGE OF NEWARK, Defendant-Appellee.

Appellate Court of Illinois, Second District.

May 3, 2002.

Attorney(s) appearing for the Case

Daniel J. Kramer, Law Offices of Daniel J. Kramer, Yorkville, for David E. Thompson and Marcita A. Thompson.

Mathias W. Delort, Heidi A. Katz, Kenneth M. Florey, Robbins, Schwartz, Nicholas, Lifton & Taylor, Ltd., for the Village of Newark.

Justice BOWMAN delivered the opinion of the court:

Plaintiffs, David and Marcita Thompson, appeal the circuit court's order granting summary judgment for defendant, the Village of Newark, in their suit for declaratory relief. Plaintiffs had sought a ruling that defendant's ordinance assessing developmental impact fees for school construction was not authorized by statute and was unconstitutional. On appeal, plaintiffs contend that the court erred in holding that the...

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