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NEW-MARK BUILDERS, INC. v. CITY OF AURORA

Gen. No. 67-40.

90 Ill. App.2d 98 (1967)

233 N.E.2d 44

New-Mark Builders, Inc., a Corporation, Plaintiff-Appellant, v. City of Aurora, a Municipal Corporation, Albert D. McCoy, Mayor of the City of Aurora, James A. Ahlgren, Commissioner of Streets and Public Improvements, John A. Cunningham, Commissioner of Sewers, Water and Lights, Charles E. Kobelenz, Commissioner of Accounts and Finance, and Herbert A. Wyeth, Commissioner of Public Health, Safety, Parks and Airport, Defendants-Appellees.

Appellate Court of Illinois — Second District.

Rehearing denied February 1, 1968.

Attorney(s) appearing for the Case

O'Brien, Burnell, Puckett and Barnett, of Aurora, for appellant.

David P. Peskind, and William J. Foote, of Aurora, for appellees.

MR. PRESIDING JUSTICE DAVIS delivered the opinion of the court.

The plaintiff, New-Mark Builders, Inc., filed a petition seeking a writ of mandamus to compel the defendant, the City of Aurora, to approve its request for the annexation of certain contiguous land. The defendant filed a motion to dismiss, alleging that the action of the City on plaintiff's request for annexation was legislative in nature, and that its...

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