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HARTZ CONST. v. VILLAGE OF WESTERN SPRINGS

No. 1-10-3108.

965 N.E.2d 1159 (2012)

358 Ill. Dec. 680

HARTZ CONSTRUCTION COMPANY, INC., and Chicago Title Land and Trust Company, as Trustee under Trust No. 17472 dated June 10, 2003, Plaintiffs, v. The VILLAGE OF WESTERN SPRINGS, a Municipal Corporation; Gurrie C. Rhoads, Individually; Commonwealth Properties Company, LLC; and Rhoads Development Company, Defendants (The Village of Western Springs, a Municipal Corporation, Counterplaintiff and Counterdefendant-Appellee; Gurrie C. Rhoads, Individually; Commonwealth Properties Company, LLC; and Rhoads Development Company, Counterdefendants and Counterplaintiffs-Appellants; Hartz Construction Company, Inc., and Chicago Title Land and Trust Company, as Trustee under Trust No. 17472 dated June 10, 2003, Counter-plaintiffs and Counterdefendants-Appellees).

Appellate Court of Illinois, First District, Third Division.

February 8, 2012.

Attorney(s) appearing for the Case

Tressler LLP, Bolingbrook ( Jeffrey M. Alperin , of counsel), for appellants.

Klein, Thorpe and Jenkins, Ltd., Chicago ( Michael T. Jurusik , Lance C. Malina , Jacob Karaca , of counsel), for Appellee Village of Western Springs.

Rosenthal, Murphey, Coblentz & Donahue, Chicago ( John B. Murphey , Judith N. Kolman , of counsel), for Plaintiffs-Counterplaintiffs-Counterdefendants-Appellees (Hartz Construction Co. and Chicago Title Land and Trust Co.).

OPINION

Presiding Justice STEELE delivered the judgment of the court, with opinion.

¶ 1 This matter involves the recapture agreement entered into between the defendants, which comes before us for a second time on appeal. In Hartz Construction Co. v. Village of Western Springs, 391 Ill.App.3d 75, 330 Ill.Dec. 339, 908 N.E.2d 527

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