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CHURCH OF PEACE v. CITY OF ROCK ISLAND

No. 3-04-0480.

828 N.E.2d 1282 (2005)

357 Ill. App.3d 471

293 Ill.Dec. 784

CHURCH OF PEACE, Broadway Presbyterian Church, Second Baptist Church, Memorial Christian Church, Bible Missionary Institute, St. James Lutheran Church, Word of Life Christian Center, 15th Avenue Christian Church, Good Shepherd Presbyterian, First Church of the Nazarene, First Lutheran Church, Gloria Dei United Presbyterian Church and First Baptist Church of Rock Island, Plaintiffs-Appellants, v. CITY OF ROCK ISLAND, Illinois, Defendant-Appellee.

Appellate Court of Illinois, Third District.

May 12, 2005.

Attorney(s) appearing for the Case

Robert T. Park (argued), Amy L. Keys, Snyder, Park & Nelson, P.C., Rock Island, for Church of Peace.

Donald W. Anderson and Stewart H. Diamond (argued), Ancel, Glink, Diamond, Bush, DiCianni & Rolek, Chicago, John Konecky, Konecky, Koenig, et al., Rock Island, for City of Rock Island, Illinois.

Roger Huebner, Illinois Municipal League, Springfield, Jeffrey D. Lester, Maureen E. Riggs, Moline, for Amicus Curiae.

Justice HOLDRIDGE delivered the opinion of the court:

This action was brought by a group of churches to challenge the ordinance of the city of Rock Island (the City) which imposes a storm water service charge on property owners. The circuit court of Rock Island County granted the City's motion for summary judgment and denied the plaintiffs' summary judgment motion. The plaintiffs appeal, maintaining that the circuit court erred in finding that the City's storm water...

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