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BOARD OF EDUC. OF DOLTON SCHOOL v. MILLER

No. 1-03-3513.

812 N.E.2d 688 (2004)

349 Ill.App.3d 806

285 Ill.Dec. 868

The BOARD OF EDUCATION OF DOLTON SCHOOL DISTRICT 149, Plaintiff-Appellant, v. George MILLER, Highway Commissioner of Thornton Township Road District, Cook County, Illinois, Defendant-Appellee.

Appellate Court of Illinois, First District, Sixth Division.

June 30, 2004.

Attorney(s) appearing for the Case

Rosenthal, Murphey & Coblentz, Chicago (John F. Donahue and Gail Jones Klopfer, of counsel), for Appellant.

Kusper & Raucci, Chartered, Chicago (Daniel E. Cannon, of counsel), for Appellee.

Presiding Justice FROSSARD delivered the opinion of the court:

Plaintiff, the Board of Education of Dolton School District 149 (the Board), appeals from an order of the circuit court directing it to build sidewalks or walkways on land owned by the Thornton Township Road District. The Board contends that the circuit court's order violates the separation of powers doctrine, was issued without any authority or jurisdiction, and lacks any legal or factual basis. The Board...

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