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PEOPLE v. CHERRY VALLEY PUBLIC LIBRARY

No. 2-04-0389.

828 N.E.2d 748 (2005)

356 Ill. App.3d 893

293 Ill.Dec. 438

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. The CHERRY VALLEY PUBLIC LIBRARY DISTRICT, Defendant-Appellant.

Appellate Court of Illinois, Second District.

Supplemental Opinion Upon Denial of Rehearing May 4, 2005.

Attorney(s) appearing for the Case

Eugene G. Doherty, Holmstrom & Kennedy, Rockford, for Cherry Valley Public Library District.

James P. Hursh, Boone County State's Attorney, Belvidere, Martin P. Moltz, Deputy Director, Sally A. Swiss, State's Attorneys Appellate Prosecutor, Elgin, for the People.

Phillip B. Lenzini, Kavanagh, Scully, Sudow, White & Frederick, P.C., Peoria, for Illinois Library Association.

Justice GROMETER delivered the opinion of the court:

Defendant, the Cherry Valley Public Library District (District), appeals the judgment of the circuit court of Boone County granting summary judgment in favor of plaintiff, the State of Illinois. The present action was initiated when the State filed a quo warranto action challenging the District's authority to annex territory in southwestern Boone County. The trial...

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