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ESM DEVELOPMENT CORP. v. DAWSON

No. 5-02-0741.

795 N.E.2d 397 (2003)

342 Ill. App.3d 688

277 Ill.Dec. 30

ESM DEVELOPMENT CORPORATION and Rend Lake Development Corporation, Plaintiffs-Appellants, v. Gale DAWSON, in His Official Capacity as the Enterprise Zone Administrator, The City of Benton, Illinois, The County of Franklin, Illinois, Juva Wynn, in Her Official Capacity as Franklin County Treasurer, and David Dobill, in His Official Capacity as Franklin County Clerk, Defendants-Appellees.

Appellate Court of Illinois, Fifth District.

August 6, 2003.

Attorney(s) appearing for the Case

Robert E. Becker, Thomas R. Ysursa, Becker, Paulson, Hoerner & Thompson, Belleville, for Appellants.

James C. Cook, Walker & Williams, P.C., Belleville, for Appellees.

Justice KUEHN delivered the opinion of the court:

This case turns on one issue: Do the equitable claims of promissory and equitable estoppel allow for monetary damages? If not, and if the claims are therefore actually legal in nature, then the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/1-101 et seq. (West 1996)) applies to the facts of this case and a summary...

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