SIBENALLER v. MILSCHEWSKI

No. 2-07-0414.

884 N.E.2d 1215 (2008)

Katherine SIBENALLER, Plaintiff-Appellant, v. Jacquelyn MILSCHEWSKI, as City Clerk for the United City of Yorkville, Defendant-Appellee (North Star Trust Company, as Trustee under Trust Agreement dated August 8, 2006, and known as Trust Number 06-9993; Fox Valley Moraine, LLC; Eric Schanze; and Diane Schanze, Intervenors-Appellees).

Appellate Court of Illinois, Second District.

February 26, 2008.


Attorney(s) appearing for the Case

Frank S. Cservenyak Jr., Timothy J. Rathbun, Scott Pyles, Rathbun, Cservenyak & Kozol, LLC, Joliet, for Katherine Sibenaller.

Michael D. Bersani, Hervas, Condon & Bersani, P.C., Itasca, for Jacquelyn Milschewski.

Charles J. Corrigan, Dommermuth, Brestal, Cobine & West, Ltd., Naperville, for Fox Moraine, LLC, North Star Trust Co.

Gary G. Piccony, Aurora, for Diane Schanze, Eric Schanze.


Justice CALLUM delivered the opinion of the court:

The United City of Yorkville (City) passed an ordinance annexing property (the territory) in accordance with section 7-1-8 of the Illinois Municipal Code (Code) (65 ILCS 5/7-1-8 (West 2006)). Intervenors, North Star Trust Company, Fox Valley Moraine, LLC, and Eric and Diane Schanze, own property in the territory. Plaintiff, Katherine Sibenaller, and others filed a petition (referendum petition) with the City, claiming...

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