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VILLAGE OF OAK PARK v. VILLAGE OF OAK PARK

No. 1-05-0316.

839 N.E.2d 558 (2005)

362 Ill. App.3d 357

298 Ill.Dec. 235

The VILLAGE OF OAK PARK, a Municipal Corporation, Plaintiff-Appellant, v. The VILLAGE OF OAK PARK FIRE-FIGHTERS PENSION BOARD and Dennis Weidler, Defendants-Appellees.

Appellate Court of Illinois, First District, First Division.

November 7, 2005.

Attorney(s) appearing for the Case

Lance C. Malina, Jacob Karaca, Klein, Thorpe and Jenkins, Ltd., Chicago, for Appellant.

Cary J. Collins, Robert S. Bell, Law Offices of Cary J. Collins, Hoffman Estates, for Appellee The Village of Oak Park Firefighters Pension Board.

Jacob Pomeranz, Cornfield and Feldman, Chicago, for Appellee Dennis Weidler.

Thomas W. Duda, Law Offices of Thomas W. Duda, Arlington Heights, Amicus Curiae of Associated Fire Fighters of Illinois for Appellee Dennis Weidler.

Justice GORDON delivered the opinion of the court:

Dennis Weidler, a hearing-impaired Oak Park firefighter, filed an application for a duty-related disability pension. A hearing was held before five members of the nine-member Village of Oak Park Firefighters Pension Board (the Pension Board).1 The Pension Board voted by a 3 to 2 margin to grant Weidler a duty-related disability pension. The...

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