CEDARHURST OF BETHALTO REAL v. BETHALTO

No. 5-17-0309.

116 N.E.3d 377 (2018)

2018 IL App (5th) 170309

CEDARHURST OF BETHALTO REAL ESTATE, LLC, Plaintiff-Appellant, v. The VILLAGE OF BETHALTO, Illinois; Alan Winslow, in His Official Capacity as Mayor of the Village of Bethalto; Gerald Bourland, in His Official Capacity as Trustee of the Village of Bethalto; Perry Withers, in His Official Capacity as Trustee of the Village of Bethalto; Jeff Mull, in His Official Capacity as Trustee of the Village of Bethalto; Gary Bost, in His Official Capacity as Trustee of the Village of Bethalto; Brady Dugger, in His Official Capacity as Trustee of the Village of Bethalto; and Dan McRae, in His Official Capacity as Trustee of the Village of Bethalto, Defendants-Appellees.

Appellate Court of Illinois, Fifth District.

Opinion Filed: October 12, 2018.


Attorney(s) appearing for the Case

Gregory C. Mollett , Clark W. Hedger , Tali L. Katz , Greensfelder, Hemker & Gale, P.C., 10 South Broadway, Suite 2000, St. Louis, MO 63102, for Appellant.

Robert L. Jackstadt , Charles P. Watkins , Tueth, Keeney, Cooper, Mohan & Jackstadt, P.C., 101 West Vandalia, Suite 210, Edwardsville, IL 62025, for Appellees.


OPINION

¶ 1 Cedarhurst of Bethalto Real Estate, LLC (Cedarhurst), is a corporate entity located in the Village of Bethalto (Village) that operates a local residential nursing home. Unique Homes Properties, Inc. (Unique Homes), had plans to develop a new senior citizen...

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