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SHIPP v. COUNTY OF KANKAKEE

No. 3-02-0642.

802 N.E.2d 284 (2003)

345 Ill. App.3d 250

280 Ill.Dec. 359

Donald SHIPP, Cheryl Shipp, Theodore Rietveld, Joan Rietveld, Park City Mobile Homes, Inc., Plaintiffs-Appellees, v. COUNTY OF KANKAKEE, an Illinois Municipal Corporation, and Village of Bourbonnais, an Illinois Municipal Corporation, Defendants-Appellants.

Appellate Court of Illinois, Third District.

Rehearing Denied January 28, 2004.

Attorney(s) appearing for the Case

Edward D. Smith, State's Attorney, Brenda L. Gorski (argued), Kenneth B. Nelson, Assistant State's Attorneys, Kankakee, for County of Kankakee, Village of Bourbonnais.

Michael P. O'Brien (argued), William F. Smith, O'Brien & Smith, P.C., Bradley, for Appellant.

Jack M. Siegel (argued), Holland & Knight, LLP, Chicago, J. Dennis Marek, Ackman, Marek & Boyd, Kankakee, for Park City Mobile Homes, Inc., Joan Rietveld, Theodore Rietveld, Cheryl Shipp, Donald Shipp.

Justice LYTTON delivered the opinion of the court:

Plaintiffs filed an application for a special use permit and variance with the County of Kankakee, in order to develop a manufactured home park. The county denied the permit, causing plaintiffs to file a complaint for declaratory judgment, claiming that the county unconstitutionally denied their special use permit application and that the village improperly denied them sewer service. The circuit court ordered the...

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