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WOODSMOKE RESORTS, INC. v. CITY OF MARSEILLES

No. 3-88-0063.

174 Ill. App.3d 906 (1988)

529 N.E.2d 274

WOODSMOKE RESORTS, INC., et al., Plaintiffs-Appellants, v. THE CITY OF MARSEILLES et al., Defendants-Appellees.

Appellate Court of Illinois — Third District.

Opinion filed September 27, 1988.

Attorney(s) appearing for the Case

Robert Eschbach, of Ottawa, and Daniel Swartzman, of Ettinger, Schoenfield & Katz, Ltd., of Chicago (Rick M. Schoenfield, of counsel), for appellants.

Michael T. Reagan, of Herbolsheimer, Lannon, Henson, Duncan & Reagan, P.C., of La Salle (Russell J. Hoover and Keith R. Leigh, of counsel), for appellee Spicer, Inc.

Keith R. Leigh, of Seneca, for appellee City of Marseilles.

Russell Hoover and Steven N. Berk, both of Jenner & Block, of Chicago, for appellee Metropolitan Waste Systems, Inc.

Judgment affirmed.

JUSTICE WOMBACHER delivered the opinion of the court:

Plaintiffs appeal the trial court's denial of their request for a preliminary injunction and for the trial court's dismissal of their complaint.

In December 1987, Metropolitan Waste, Inc. (Metropolitan), and Spicer, Inc. (Spicer), notified the City of Marseilles, Illinois (Marseilles), they would formally request a site approval of a sanitary landfill on or about January 14, 1988...

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