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IN RE APPLICATION OF CLARK

No. 79-20.

80 Ill. App.3d 1010 (1980)

400 N.E.2d 661

In re APPLICATION OF JAMES H. CLARK, County Treasurer. — (JAMES H. CLARK, Applicant-Appellee and Cross-Appellant, v. MARIAN PARK, INC., Objector-Appellant and Cross-Appellee — (THE CITY OF WHEATON, Petitioner-Appellee and Cross-Appellant).)

Appellate Court of Illinois — Second District.

Opinion filed January 30, 1980.

Attorney(s) appearing for the Case

Bonnie M. Wheaton and Francis X. Riley, both of Wylie & Mulherin, of Wheaton, for appellant.

J. Michael Fitzsimmons, State's Attorney, and Edward J. Walsh, Jr., both of Wheaton (George J. Sotos, Assistant State's Attorney, of counsel), for appellees.

Affirmed in part and reversed in part.

Mr. JUSTICE WOODWARD delivered the opinion of the court:

On March 9, 1970, the city of Wheaton entered into an annexation agreement with the owner of certain real estate. At the time the agreement was entered into, the real estate was exempt from taxation because the owner was a religious organization. Paragraph 13 of the annexation agreement stated that when the owner obtains a firm commitment of financing for construction...

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