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ASHLEY v. VILLAGE OF LIBERTYVILLE

No. 2-07-0729.

881 N.E.2d 962 (2008)

ASHLEY LIBERTYVILLE, LLC., Plaintiff-Appellee, v. The VILLAGE OF LIBERTYVILLE, Defendant-Appellant.

Appellate Court of Illinois, Second District.

January 7, 2008.

Attorney(s) appearing for the Case

David F. Pardys, David S. Goles, Swanson, Martin & Bell, Libertyville, for Village of Libertyville.

Robert T. O'Donnell, Eiden & O'Donnell, Ltd., Vernon Hills, for Ashley Libertyville, LLC.

Justice GROMETER delivered the opinion of the court:

Defendant, the Village of Libertyville, denied a special use permit to plaintiff, Ashley Libertyville, LLC. Plaintiff sought de novo judicial review of that decision, invoking section 11-13-25 of the Illinois Municipal Code (Municipal Code) (65 ILCS 5/11-13-25 (West 2006)). The trial court granted that request. The Village filed a motion to reconsider or, in the alternative, to have the matter certified for...

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