No. 97317.

828 N.E.2d 216 (2005)

214 Ill.2d 417

293 Ill.Dec. 246

The WAUCONDA FIRE PROTECTION DISTRICT, Appellee, v. STONEWALL ORCHARDS, LLP, et al. (Lake County, Illinois, Appellant).

Supreme Court of Illinois.

March 24, 2005.

Attorney(s) appearing for the Case

Michael J. Waller, State's Attorney, Waukegan (Daniel L. Jasica and Joseph B. Chervin, Assistant State's Attorneys, of counsel), for appellant.

Mary M. LaSata Spiegel, of the Law Offices of David R. Gervais, Crystal Lake, for appellee.

Shawn P. Flaherty and Robert W. Trevarthen, of Ottosen, Trevarthen, Britz, Kelly & Cooper, Ltd., Wheaton, for amici curiae The Illinois Association of Fire Protection Districts and The Northern Illinois Alliance of Fire Protection Districts.

Justice GARMAN delivered the opinion of the court:

Plaintiff, the Wauconda Fire Protection District (District), sought declaratory and injunctive relief against defendants, Lake County, Illinois (County), and Stonewall Orchards, LLP (Stonewall), after the County approved new construction by Stonewall despite Stonewall's noncompliance with a District ordinance. Defendants filed motions to dismiss, which the circuit court of Lake County granted. The District appealed...

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