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CITY OF WARRENVILLE v. NOVAK

Nos. 2-04-0532 & 2-04-0533.

824 N.E.2d 327 (2005)

355 Ill. App.3d 714

291 Ill.Dec. 751

The CITY OF WARRENVILLE and Robert Johnson, Treasurer of the City of Warrenville, Plaintiffs-Appellees, v. John Lotus NOVAK, in His Official Capacity as Du Page County Treasurer, Defendant (Naperville Community Unit School District 203, Naperville Township, and Naperville Township Road District, Intervenors-Appellants). The City of Warrenville and Robert Johnson, Treasurer of the City of Warrenville, Plaintiffs-Appellees, v. John Lotus Novak, in His Official Capacity as Du Page County Treasurer, Defendant-Appellant (Naperville Community Unit School District 203, Naperville Township, and Naperville Township Road District, Intervenors).

Appellate Court of Illinois, Second District.

Rehearing Denied March 22, 2005.

Attorney(s) appearing for the Case

Richard J. Tarulis, Brooks, Adams & Tarulis, Naperville, for Naperville Community Unit School District 203, Naperville Township, Naperville Township Road District.

Barry L. Moss, David J. Freeman, Moss & Bloomberg, Ltd., Bolingbrook, for City of Warrenville, Robert Johnson, Treasurer/City of Warrenville in No. 2-04-0532.

Joseph E. Birkett, Du Page County State's Attorney, Robert G. Rybica, Assistant State's Attorney, Wheaton, for John Lotus Novak, Du Page County Treasurer in No. 2-04-0532.

Joseph E. Birkett, Du Page County State's Attorney, Lisa A. Hoffman, Robert G. Rybica, Assistant State's Attorneys, Wheaton, for John Lotus Novak, Du Page County Treasurer in No. 2-04-0533.

David J. Freeman, Moss & Bloomberg, Ltd., Bolingbrook, for City of Warrenville, Robert Johnson, Treasurer/City of Warrenville in No. 2-04-0533.

Presiding Justice O'MALLEY delivered the opinion of the court:

Plaintiffs, the City of Warrenville and Robert Johnson, sued defendant, John Lotus Novak, the Du Page County Treasurer, to compel him to distribute certain tax money to a tax increment financing (TIF) district in Warrenville, Illinois, rather than to all the taxing districts located within the TIF area. Naperville Community Unit School District 203, Naperville...

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