VILLAGE OF WOODRIDGE v. SCHOOL DIST. 99

No. 2-08-0593.

933 N.E.2d 392 (2010)

The VILLAGE OF WOODRIDGE, Plaintiff-Appellee, v. The BOARD OF EDUCATION OF COMMUNITY HIGH SCHOOL DISTRICT 99, Defendant-Appellant (The County Board of School Trustees of Du Page County and Unknown Owners, Defendants).

Appellate Court of Illinois, Second District.

July 26, 2010.


Attorney(s) appearing for the Case

Thomas F. Geselbracht, Mariah F. DiGrino, DLA Piper US LLP, Chicago, for Community High School District 99, County Board of School Trustees of Du Page County.

Phillip A. Luetkehans, Robert W. Funk, Schirott, Luetkehans & Garner, P.C., Thomas W. Good, Gorski & Good, Wheaton, for Village of Woodridge.

Todd Faulkner, Brian P. Crowley, Franczek Radelet, P.C., Chicago, for Amici Curiae, Community High School District No. 94, Community Unit School District No. 300, Illinois Association of School Boards, Lincoln-Way Community High School District No. 210, Lockport Township High School District No. 205, Lyons Township High School District No. 204, Naperville Community Unit School District No. 203, New Trier Township High School District No. 203, Oswego Community Unit School District No. 308, Palos Heights School District No. 128, Plainfield Community Consolidated School District No. 202, Schaumburg Elementary School District No. 54, School District U-46, Wheaton Community Unit School District No. 200.


Justice HUDSON delivered the opinion of the court:

Defendant, the Board of Education of Community High School District 99 (hereinafter defendant or the district), appeals the Du Page County circuit court's order denying the traverse and motion to dismiss1 (hereinafter the traverse) it filed in response to an eminent domain proceeding initiated by plaintiff, the Village of Woodridge (hereinafter plaintiff or the village), as well as the...

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