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RAINTREE HOMES, INC. v. VILLAGE OF LONG GROVE

No. 95181.

807 N.E.2d 439 (2004)

209 Ill.2d 248

282 Ill.Dec. 815

RAINTREE HOMES, INC., et al., Appellees, v. The VILLAGE OF LONG GROVE, Appellant.

Supreme Court of Illinois.

March 18, 2004.

Attorney(s) appearing for the Case

John M. Mullen, Libertyville, for appellant.

Morrison & Morrison, P.C., Waukegan (Margaret Morrison Borcia, of counsel), for appellees.

Patrick A. Lucansky, Gerard E. Dempsey and Rinda Y. Allison, of Klein, Thorpe & Jenkins, Ltd., Chicago, for amicus curiae Village of Kildeer.

Mara S. Georges, Corporation Counsel, Chicago (Lawrence Rosenthal, Benna Ruth Solomon and Erika Dunning, of counsel), for amicus curiae City of Chicago.

Roger Huebner, Springfield, for amicus curiae Illinois Municipal League.

Justice FITZGERALD delivered the opinion of the court:

Plaintiffs, Raintree Homes, Inc., and Raintree Builders, Inc., filed a one-count amended complaint against defendant, the Village of Long Grove (the Village), seeking a declaratory judgment as to the validity of a Village ordinance requiring the payment of impact fees to the Village to obtain building permits and a refund of those fees paid by plaintiffs. The circuit court of Lake County dismissed the complaint...

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