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PEOPLE v. SUBURBAN COOK CTY. TB SANITARIUM

No. 1-03-2815.

812 N.E.2d 679 (2004)

349 Ill.App.3d 790

285 Ill.Dec. 859

The PEOPLE ex rel. Richard DEVINE, as State's Attorney of Cook County, and The County of Cook, Plaintiffs-Appellants, v. SUBURBAN COOK COUNTY TUBERCULOSIS SANITARIUM DISTRICT, Hinsdale Meadows Venture, Edward R. James Partners, LLC, Hinsdale Meadows Partners, LLC, and E-Hinsdale Corporation, Defendants-Appellees The Village of Hinsdale and Brandenburg Industrial Services Company, Defendants.

Appellate Court of Illinois, First District, Sixth Division.

June 30, 2004.

Attorney(s) appearing for the Case

Cook County State's Attorney, Chicago (Richard A. Devine, Patrick T. Driscoll, Jr., Donna M. Lach, Maureen O. Hannon, of counsel), for Appellants.

Chuhak & Tecson, P.C., Chicago (James R. Pranger, Edward C. Richard, of counsel), for Appellee-The Suburban Cook County Tuberculosis Sanitarium District.

McDermott, Will & Emery, Chicago (Michael A. Pope, Elizabeth B. Herrington, of counsel), and Piper Rudnick LLP, Chicago (Thomas F Geselbracht, of counsel), for Appellee-Hinsdale Meadows Venture.

Justice GALLAGHER delivered the opinion of the court:

This appeal involves the statutory authority of the Suburban Cook County Tuberculosis Sanitarium District (the District) to sell 24½ acres of its 36 acres of land in Hinsdale without the approval of the Board of Commissioners of Cook County (the County Board). On cross-motions for summary judgment, the circuit court granted the District's motion, ruling that it had implied authority to sell the property under...

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