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METRO. SANITARY DIST. v. CITY OF DES PLAINES

No. 62830.

36 Ill. App.3d 726 (1976)

344 N.E.2d 729

THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO, Petitioner-Appellee, v. THE CITY OF DES PLAINES, Defendant-Appellant.

Appellate Court of Illinois — First District (5th Division).

Opinion filed February 27, 1976.

Attorney(s) appearing for the Case

Charles R. Hug, of Des Plaines, for appellant.

Allen S. Lavin, General Attorney, and Robert E. Wiss, Special Attorney, of Metropolitan Sanitary District of Greater Chicago, of Chicago (Douglas S. Moore, of counsel), for appellee.

Order affirmed.

Mr. JUSTICE SULLIVAN delivered the opinion of the court:

This appeal arises from a judgment adverse to defendant in an eminent domain proceeding, wherein plaintiff was granted authority to condemn easements for sewers beneath certain of defendant's streets. The sole issue presented on appeal concerns whether section 17 of "An Act to create sanitary districts * * *" (hereinafter Act) (Ill. Rev. Stat. 1973, ch. 42, par. 337) authorizes plaintiff...

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