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PEOPLE EX REL. CITY OF NORTH CHICAGO v. CITY OF WAUKEGAN

No. 82-861.

116 Ill. App.3d 88 (1983)

451 N.E.2d 293

THE PEOPLE ex rel. CITY OF NORTH CHICAGO, Plaintiff-Appellee, v. THE CITY OF WAUKEGAN, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed July 5, 1983.

Attorney(s) appearing for the Case

Robert E. Lessman, of Diver, Bollman, Grach, Quade & Lessman, of Waukegan, for appellant.

Richard J. Smith and William Rosing, both of Sullivan, Smith, Hauser & Noonan, Ltd., of Waukegan, for appellee.

Reversed and remanded.

JUSTICE NASH delivered the opinion of the court:

Defendant, city of Waukegan, appeals from a judgment of ouster entered on the pleadings in a quo warranto action brought by plaintiff, city of North Chicago. The issues we consider are whether North Chicago had standing to bring quo warranto; whether the trial court erred in entering judgment on the pleadings; and, whether Waukegan's motion to amend its answer to the complaint...

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