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FALCON FUNDING, LLC v. CITY OF ELGIN

No. 2-09-0367.

924 N.E.2d 1216 (2010)

FALCON FUNDING, LLC, Petitioner-Appellee, v. The CITY OF ELGIN, Respondent-Appellant.

Appellate Court of Illinois, Second District.

March 11, 2010.

Attorney(s) appearing for the Case

William A. Cogley, Corporate Counsel, Michael R. Gehrman, Christopher J. Beck, Assistant Corporate Counsels, Elgin, for City of Elgin.

Kevin G. Costello, Jennifer J. Gibson, Gregory J. Barry, Zukowski, Rogers, Flood & McArdle, Crystal Lake, for Falcon Funding, LLC.

Justice JORGENSEN delivered the opinion of the court:

Respondent, the City of Elgin (City), appeals from the trial court's order granting summary judgment to petitioner, Falcon Funding, LLC, denying summary judgment to the City, and disconnecting certain property from the City's corporate limits. We affirm.

I. BACKGROUND

On November 6, 1991, petitioner1 and the City entered into an annexation agreement

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