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FIRST BANK AND TRUST CO. v. VILLAGE OF ORLAND HILLS

No. 1-01-3539.

787 N.E.2d 300 (2003)

338 Ill. App.3d 35

272 Ill.Dec. 485

FIRST BANK AND TRUST COMPANY OF ILLINOIS, as Trustee u/t/a dated March 28, 2000, and Known as Trust No. 10-2377; First Bank and Trust Company of Illinois, as Trustee u/t/a dated April 11, 2000, and Known as Trusts No. 10-2395 and No. 10-2396; and Glenbrook Development of NML, L.L.C., an Illinois Limited Liability Company, Plaintiffs-Appellants, v. The VILLAGE OF ORLAND HILLS, Defendant-Appellee.

Appellate Court of Illinois, First District, First Division.

March 17, 2003.

Attorney(s) appearing for the Case

Horwood, Marcus & Berk, Chartered, Eugene E. Murphy, Jr. and John N. Hourihane, Jr., Tabet, DiVito & Rothstein, L.L.C., Gino DiVito and Deborah E. Decker, Chicago, for Appellant.

Rosenthal, Murphey & Coblentz, John B. Murphey and Kelly Cleland, Chicago, Odelson & Sterk, Ltd., Mark Sterk, Evergreen Park, for Appellee.

Justice GORDON delivered the opinion of the court:

Plaintiffs-appellants First Bank and Trust Company of Illinois, as trustee under trust agreement dated March 28, 2000, and as trustee under trust agreement dated April 11, 2000, and Glenbrook Development of NML (collectively Glenbrook, or as named) appeal from the trial court's order granting defendant-appellee Village of Orland Hills' (Orland Hills) motion to dismiss with...

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