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SMART GROWTH SUGAR GROVE v. VILLAGE OF SUGAR GROVE

No. 2-06-0656.

873 N.E.2d 20 (2007)

SMART GROWTH SUGAR GROVE, LLC, Plaintiff-Appellant, v. The VILLAGE OF SUGAR GROVE, Defendant-Appellee.

Appellate Court of Illinois, Second District.

August 3, 2007.

Attorney(s) appearing for the Case

Thomas R. Burney, Katriina S. McGuire, Deborah S. Cohen, Schain, Burney, Ross & Citron, Ltd., for Smart Growth Sugar Grove.

Gary K. Mickey, Steven S. Andersson, Dean M. Frieders, Mickey, Wilson, Weiler, Renzi & Andersson, P.C., Aurora, for The Village of Sugar Grove.

Justice O'MALLEY delivered the opinion of the court:

Plaintiff, Smart Growth Sugar Grove, LLC, filed a six-count complaint against defendant, the Village of Sugar Grove (the Village), challenging (1) the Village's refusal to rezone plaintiff's property, which the Village had annexed in accordance with an agreement with plaintiff's predecessor; and (2) a provision in the Village's comprehensive plan recommending that the Village acquire a right-of-way across plaintiff...

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