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WHIPPLE v. VILLAGE OF NORTH UTICA

Appeal No. 3-15-0547.

79 N.E.3d 667 (2017)

2017 IL App (3d) 150547

Mary WHIPPLE, Monty Whipple, Donna Coleman, Phyllis Coleman, Morgan Coleman, Joe Harmon, Dee Harmon, Rita Whipple, Malcolm Whipple, Mark Wold, Sue Wold, Fred Blue, and Monica Blue, Plaintiffs-Appellants, v. The VILLAGE OF NORTH UTICA, La Salle County, Illinois, and Aramoni LLC, Defendants-Appellees.

Appellate Court of Illinois, Third District.

Opinion filed April 25, 2017.

Attorney(s) appearing for the Case

Kerry D. Nelson and William C. Meyers , of Goldberg Kohn Ltd., Nancy C. Loeb and Deborah G. Musiker , of Bluhm Legal Clinic, both of Chicago, and Walter J. Zukowski , of Zukowski Law Offices, of Peru, for appellants.

Jamie A. Robinson and Ronald S. Cope , of Nixon Peabody LLP, of Chicago, Herbert J. Klein , of Jacob & Klein, Ltd., and James A. Andreoni , of Perona, Peterlin, Andreoni & Brolley, LLC, both of Peru, for appellees.

Kate E. Schwartz , of Hughs Socol Piers Resnick & Dym, Ltd., of Chicago, for amicus curiae La Salle County Farm Bureau.

Albert F. Ettinger , of Chicago, for amici curiae Openlands et al.

Justice McDade concurred in part and dissented in part, with opinion.

OPINION

¶ 1 Plaintiffs, 13 owners and possessors of land in La Salle County, filed a three-count complaint against defendants, the Village of North Utica and Aramoni LLC, seeking to invalidate several village ordinances that allowed Aramoni to operate a silica sand...

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