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ELMHURST CHICAGO STONE CO. v. NOVAK

No. 2-04-0520.

824 N.E.2d 1209 (2005)

356 Ill. App.3d 180

291 Ill.Dec. 959

ELMHURST CHICAGO STONE COMPANY, Plaintiff-Appellee, v. John Lotus NOVAK, in His Official Capacity as Du Page County Treasurer, Defendant-Appellant (Elgin School District U-46, Intervenor-Appellant).

Appellate Court of Illinois, Second District.

Rehearing Denied April 6, 2005.

Attorney(s) appearing for the Case

Ares G. Dalianis, Franczek Sullivan P.C., Chicago for Elgin School District U-46.

Phillip A. Luetkehans, Brian J. Armstrong, Schirott & Luetkehans, P.C., Itasca, for Elmhurst Chicago Stone Company.

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.

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

Plaintiff, Elmhurst Chicago Stone Company, 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 the Village of Bartlett, Illinois, rather than to all the taxing districts located within the TIF area. Elgin School District intervened, and both sides moved for summary judgment. The trial court granted...

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