PEOPLE EX REL. BIRKETT v. CITY OF CHICAGO

No. 2-00-1232.

769 N.E.2d 84 (2002)

329 Ill. App.3d 477

263 Ill.Dec. 882

The PEOPLE ex rel. Joseph E. Birkett, State's Attorney of Du Page County; The County of Dupage; The Village of Bensenville; The City of Elmhurst; and The City of Wood Dale, Plaintiffs-Appellants, v. The CITY OF CHICAGO, Defendant-Appellee (Henry J. Hyde and James "Pate" Philip, Intervening Plaintiffs-Appellants).

Appellate Court of Illinois, Second District.

April 19, 2002.


Attorney(s) appearing for the Case

Joseph V. Karaganis, A. Bruce White, and John W. Kalich, all of Karaganis, White & Magel, Ltd., of Chicago, and Joseph E. Birkett, State's Attorney, of Wheaton (Nancy J. Wolfe, Assistant State's Attorney, of counsel), for appellants.

Mara S. Georges, Corporation Counsel (Lawrence Rosenthal, Benna Ruth Solomon, and Jane Elinor Notz, Assistant Corporation Counsel, of counsel), Anton R. Valukas, William D. Heinz, and Dean N. Panos, all of Jenner & Block, both of Chicago, and Joseph M. Laraia, of Laraia & Hubbard, P.C., of Wheaton, for appellee.

Steven E. Wermcrantz, of Wermcrantz Law Office, of Springfield, for amicus curiae.


Justice McLAREN delivered the opinion of the court:

Plaintiffs, the People of the State of Illinois, Joseph E. Birkett, State's Attorney of Du Page County, County of Du Page, the Village of Bensenville, the City of Elmhurst, and the City of Wood Dale, appeal the trial court's granting of the motion for summary judgment of defendant, the City of Chicago (the City), and the court's denial of plaintiffs' motion for partial summary judgment and injunction. Plaintiffs...

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