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McHENRY COUNTY DEFENDERS v. CITY OF HARVARD

No. 2-07-0386.

891 N.E.2d 1017 (2008)

McHENRY COUNTY DEFENDERS, INC., and Susan Hayden, Plaintiffs-Appellants and Cross-Appellees, v. THE CITY OF HARVARD, Chuck Marzahl, Phil Ulmer, Joel Berg, Scott Dikun, Scott Logan, Darrell Perkins, Tom Hay, Jay Nolan, Brian Leyden, Debra Szczap, and Rick Adams, Defendants-Appellees and Cross-Appellants.

Appellate Court of Illinois, Second District.

July 2, 2008.

Attorney(s) appearing for the Case

Christopher C. Kendall, Law Office of Christopher C. Kendall, P.C., Chicago, IL, for Appellant.

Zukowski, Rogers, Flood, & McArdle, Attorneys at Law, Kevin G. Costello, Jennifer J. Gibson, Zukowski, Rogers, Flood & McArdle, Crystal Lake, IL, for Appellee/Cross-Appellant.

Justice BOWMAN delivered the opinion of the court:

Plaintiffs, McHenry County Defenders, Inc., and Susan Hayden, brought an action under section 17 of the Illinois Natural Areas Preservation Act (Preservation Act) (525 ILCS 30/17 (West 2004)) and section 11(b) of the Illinois Endangered Species Protection Act (Endangered Species Act) (520 ILCS 10/11(b) (West 2004)) (collectively Acts), seeking to require the City of Harvard (City) and its elected officials (collectively...

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