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WAUCONDA FIRE PROT. v. STONEWALL ORCHARDS

No. 2-02-1116.

797 N.E.2d 1130 (2003)

343 Ill. App.3d 374

278 Ill.Dec. 212

The WAUCONDA FIRE PROTECTION DISTRICT, Plaintiff-Appellant, v. STONEWALL ORCHARDS, LLP, and The County of Lake, Defendants-Appellees.

Appellate Court of Illinois, Second District.

October 2, 2003.

Attorney(s) appearing for the Case

Mary M. L. Spiegel, Law Office of David R. Gervais, Crystal Lake, for Wauconda Fire Protection District.

Michael B. Betar, John W. Quinn, John C. Baumgartner, Churchill, Baumgartner & Quinn, Ltd., Grayslake, for Stone Wall Orchards LLP.

Michael J. Waller, Lake County State's Attorney, Daniel L. Jasica, Joseph B. Chervin, Assistant State's Attorneys, Waukegan, for Lake County.

Justice O'MALLEY delivered the opinion of the court:

Plaintiff, the Wauconda Fire Protection District (District), sought an injunction against defendants, Stonewall Orchards, LLP (Stonewall), and Lake County (County), to enforce a District ordinance. The trial court granted defendants' motions to dismiss. The District appeals, arguing that its ordinance is valid and enforceable in unincorporated Lake County. We affirm in part, reverse in part, and remand the cause...

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