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VILLAGE OF MONTGOMERY v. AURORA TWP.

Nos. 2-07-0539, 2-07-0632.

899 N.E.2d 567 (2008)

The VILLAGE OF MONTGOMERY, Plaintiff-Appellee, v. AURORA TOWNSHIP and Fred Burgess, in his Official Capacity as Aurora Township Highway Commissioner, Defendants-Appellants (The City of Aurora, Defendant-Appellee).

Appellate Court of Illinois, Second District.

December 10, 2008.

Attorney(s) appearing for the Case

Gary K. Mickey, Steven A. Andersson, Dean M. Frieders, Mickey, Wilson, Weiler, Renzi & Andersson, P.C., Aurora, for Village of Montgomery.

Michael C. Funkey, Allan V. Kickertz, Law Offices of Michael C. Funkey, P.C., Aurora, for Aurora Township.

Timothy P. Dwyer, Law Office of Timothy P. Dwyer, St. Charles, for Fred Burgess.

John C. Banbury, Assistant Corporation Counsel, Aurora, for City of Aurora.

Justice HUTCHINSON delivered the opinion of the court:

In this consolidated appeal, defendants, Aurora Township (the Township) and Fred Burgess, in his official capacity as Aurora Township highway commissioner (the Commissioner), appeal from the trial court's order denying the Township's motion to dismiss and granting summary judgment in favor of plaintiff, the Village of Montgomery (Montgomery), and defendant, the City of Aurora (Aurora). In granting summary judgment...

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