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BROTZE v. CITY OF CARLINVILLE

NOS. 4-20-0369, 4-20-0383, 4-20-0384 cons.

183 N.E.3d 251 (2021)

2021 IL App (4th) 200369

Camille Mayfield Cooper BROTZE and Wayne Brotze, Husband and Wife, Plaintiffs-Appellees, v. The CITY OF CARLINVILLE, Illinois, a Municipal Corporation; the Village of Dorchester, Illinois, a Municipal Corporation; Jersey County Rural Water Company, Inc., an Illinois Not-For-Profit Corporation; and Illinois Alluvial Regional Water Company, Inc., an Illinois Not-For-Profit Corporation, Defendants (Illinois Alluvial Regional Water Company, Inc., Defendant-Appellant). Camille Mayfield Cooper Brotze and Wayne Brotze, Husband and Wife, Plaintiffs-Appellees, v. The City of Carlinville, Illinois, a Municipal Corporation, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

FILED March 2, 2021.

Attorney(s) appearing for the Case

John M. Gabala , of Giffin, Winning, Cohen & Bodewes, P.C., of Springfield, and Dan O'Brien , of Carlinville, for appellant City of Carlinville.

David M. Foreman , of Foreman & Kessler, Ltd., of Salem, for appellant Illinois Alluvial Regional Water Company, Inc.

Jacob N. Smallhorn and Garth E. Flygare , of Smallhorn Law LLC, of Charleston, for appellees.

Tracy A. Willenborg and Kara J. Wade , of Taylor Law Offices, P.C., of Effingham, for amicus curiae EJ Water Cooperative, Inc.

OPINION

¶ 1 For several years, the City of Carlinville, Illinois (Carlinville), has been urgently searching for a sustainable, cost-effective, and long-term supply of potable water. In an attempt to solve its problem, Carlinville joined with the nearby Village of...

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