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VO-LAND, LLC v. VILLAGE OF BARTLETT

No. 1-08-0632.

919 N.E.2d 1 (2009)

VO-LAND, LLC, Plaintiff-Appellant and Cross-Appellee, v. The VILLAGE OF BARTLETT, an Illinois Municipal Corporation, Defendant-Appellee and Cross-Appellant.

Appellate Court of Illinois, First District, Third Division.

September 23, 2009.

Attorney(s) appearing for the Case

Ancel, Glink, Diamond, Bush, DiCianni & Krafthefer, P.C., of Chicago (Stewart H. Diamond, Robert K. Bush, David Lincoln Ader and Nicholas A. Grojean, of counsel), for Appellant.

Holland & Knight LLP, of Chicago (Jack M. Siegel and Adam Kingley, of counsel) and Bryan E. Mraz & Associates, of Roselle (Bryan E. Mraz, of counsel), for Appellee.

Justice COLEMAN delivered the opinion of the court:

Vo-Land, LLC, owner of a 107-acre tract of real estate in the Village of Bartlett, is the successor to a 1987 covenant with the village that granted special zoning for the development of part of the tract as residential property but required that 96 acres of the land be maintained as open space. Vo-Land brought an action to lift the covenant's restrictions and disconnect the property from the village. The circuit...

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