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WAKELAND v. CITY OF URBANA

No. 4-01-0991.

776 N.E.2d 1194 (2002)

267 Ill.Dec. 543

Howard L. WAKELAND and Craig Wakeland, Plaintiffs-Appellants, v. The CITY OF URBANA, Illinois, a Municipal Corporation, Defendant-Appellee (Daniel Folk and W. Randall Kangas, Intervenors-Appellees).

Appellate Court of Illinois, Fourth District.

As Modified Upon Denial of Rehearing September 19, 2002.

Attorney(s) appearing for the Case

Glenn A. Stanko (argued), Rawles, O'Byrne, Stanko & Kepley, P.C., Champaign, for Howard L. Wakeland.

Stephen Holz, Assistant City Attorney (argued), Jack Waaler, City Attorney, City of Urbana, Legal Division, Urbana, for City of Urbana.

Jeffrey W. Tock, Harrington, Tock & Royse, Champaign, for Daniel Folk.

OPINION MODIFIED ON DENIAL OF REHEARING

Justice APPLETON delivered the opinion of the court:

Plaintiffs, Howard and Craig Wakeland, acquired three lots in the 800 block of West Main Street in Urbana, Illinois, intending to tear down the houses on the lots and replace them with an apartment building. Before the Wakelands carried out that plan, the city "down-zoned" the lots, restricting them to single-family residential use. The Wakelands filed a complaint...

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