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VILLAGE OF ORLAND HILLS v. CITIZENS UTILITIES CO.

No. 1-02-1450.

807 N.E.2d 590 (2004)

347 Ill. App.3d 504

282 Ill.Dec. 966

The VILLAGE OF ORLAND HILLS, Plaintiff-Appellee, v. CITIZENS UTILITIES COMPANY OF ILLINOIS and The Village of Tinley Park, Defendants-Appellants.

Appellate Court of Illinois, First District, First Division.

March 15, 2004.

Attorney(s) appearing for the Case

Eric P. Hanson, Mahoney, Silverman & Cross, Ltd., Joliet, for Appellant Citizens (Illinois-American Water Co.)

Terrence M. Barnicle and James V. Ferolo, Klein, Thorpe and Jenkins, Ltd., Chicago, for Appellant Tinley Park.

Mark H. Sterk, Amy E. Smith, Odelson & Sterk, Ltd., Evergreen Park, John Murphey, Rosenthal, Coblentz, Murphey & Janega, James J. Roche, James J. Roche & Assoc., Chicago, for Appellee.

Justice GORDON delivered the opinion of the court:

Plaintiff, the Village of Orland Hills (Orland Hills), brought this action seeking a declaratory judgment that defendant Citizens Utilities Company of Illinois (Citizens)1 was obligated to provide water service to an undeveloped parcel of land recently annexed into Orland Hills and that Citizens' water supply contract with defendant, the Village' of Tinley Park (Tinley Park), did not preclude...

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