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PHILIP v. DALEY

No. 2-02-0749.

790 N.E.2d 961 (2003)

339 Ill. App.3d 274

274 Ill.Dec. 188

James "Pate" PHILIP, Indiv. and as Illinois Senate President; Henry Hyde; and the Village of Bensenville, Illinois, Plaintiffs-Appellees, v. Richard M. DALEY, Mayor of the City of Chicago, and the City of Chicago, Defendants-Appellants (George H. Ryan, Governor of the State of Illinois, Defendant).

Appellate Court of Illinois, Second District.

June 2, 2003.

Attorney(s) appearing for the Case

Mara S. Georges, Corporation Counsel, Lawrence Rosenthal, Deputy Corporation Counsel of the City of Chicago, Benna Ruth Solomon, Chief Assistant Corporation Counsel, Jane Elinor Notz, Assistant Corporation Counsel, Chicago, Christopher Landau, Kannon K. Shanmugam, Kirkland & Ellis, Washington, DC, Emily Nicklin, Matthew T. Regan, Kirkland & Ellis, Chicago, for City of Chicago.

Joseph V. Karaganis, A. Bruce White, John W. Kalich, Karaganis, White & Magel, Ltd., Chicago, Edward J. Walsh Jr., James H. Knippen, Walsh, Knippen, Knight & Diamond, Chtd., Wheaton, Robert G. Black, Law Offices of Robert G. Black, Naperville, for Henry Hyde, James "Pate" Philip, Village of Bensenville.

Roger A. Keller Jr., Winston & Strawn, Washington, DC, for Amicus Curiae American Airlines, Inc.

Justice GROMETER delivered the opinion of the court:

Plaintiffs, James "Pate" Philip, Henry Hyde, and the Village of Bensenville, initiated an action in the circuit court of Du Page County against defendants, the City of Chicago and Richard M. Daley. The complaint sought, inter alia, a declaration that an attempt by defendants to acquire property in anticipation of the expansion of O'Hare International Airport without first obtaining approval from the Illinois...

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