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PEOPLE EX REL. SMITH v. BROWN

No. 3-03-1031.

828 N.E.2d 306 (2005)

356 Ill. App.3d 1096

293 Ill.Dec. 336

PEOPLE of the State of Illinois, by Edward SMITH, State's Attorney of the County of Kankakee, Illinois, Plaintiff-Appellee, v. P. Carl BROWN, Defendant-Appellant.

Appellate Court of Illinois, Third District.

April 25, 2005.

Attorney(s) appearing for the Case

Thomas E. McClure (argued), Elliott & McClure, Bourbonnais, for P. Carl Brown.

Edward D. Smith, State's Attorney, Brenda L. Gorski, Assistant State's Attorney, Kankakee, for the People.

David O. Edwards (argued), Christopher E. Sherer, Giffin, Winning, Cohen & Bodewes, P.C., Springfield, for Kankakee County Board of Review.

Justice McDADE delivered the opinion of the court:

In this case from Kankakee County, the defendant P. Carl Brown appeals from a summary judgment removing him from the position of Kankakee County Park District board member, a position to which he was elected on April 10, 2001. The defendant argues that the trial court improperly found a conflict of duties between the park district position and the position of City of Kankakee alderman, to which he was elected on April...

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