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NORTHERN TRUST CO. v. COUNTY OF LAKE

No. 2-03-1262.

818 N.E.2d 389 (2004)

353 Ill. App.3d 268

288 Ill.Dec. 701

The NORTHERN TRUST COMPANY, Successor by Merger to Northern Trust/Lake Forest, as Trustee under Trust Agreement known as Trust No. 9269 dated March 1, 1995, and Tim Towne, Plaintiffs-Appellants, v. The COUNTY OF LAKE, Defendant-Appellee (The Village of Mundelein, Intervenor-Appellee).

Appellate Court of Illinois, Second District.

November 4, 2004.

Attorney(s) appearing for the Case

Joseph T. Morrison, Morrison & Morrison, P.C., Waukegan, for Northern Trust Lake Forest, The Northern Trust Company, Tim Towne.

Michael J. Waller, Lake County State's Attorney, Daniel L. Jasica, Assistant State's Attorney, Waukegan, for County of Lake.

Charles F. Marino, David M. Marino, David M. Marino, P.C., Chicago, for Village of Mundelein.

Justice BYRNE delivered the opinion of the court:

This case is a zoning dispute in which defendant, Lake County, denied plaintiffs a conditional use permit to construct a wastewater treatment facility (the facility) as part of a proposed 144-unit townhome development (the development) on plaintiffs' vacant 40-acre parcel (the property) in unincorporated Lake County. The property was held in trust, and plaintiff Tim Towne owns a 100% beneficial interest in the trust...

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