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KINZER v. CITY OF CHICAGO

No. 67169.

128 Ill.2d 437 (1989)

539 N.E.2d 1216

PHYLLIS C. KINZER, a taxpayer on behalf of and for the benefit of the City of Chicago, Appellee, v. THE CITY OF CHICAGO et al., Appellants.

Supreme Court of Illinois.

Rehearing denied June 28, 1989.

Attorney(s) appearing for the Case

Alan R. Borlack, of Gordon & Glickson, P.C., of Chicago, for appellant City of Chicago.

Ellen G. Robinson and Alan F. Curley, of Kahn, Robinson & Curley, of Chicago, for appellant Daniel Grim.

Robert S. Atkins and Robert E. Williams, of Robert S. Atkins & Associates, and Terrance A. Norton, all of Chicago, for appellee.

Richard S. Wisner, T. Scott Leo and Scott O. Reed, of Pretzel & Stouffer, Chartered, of Chicago (Robert Marc Chemers, of counsel), for amicus curiae American Insurance Association.

Thomas W. Kelty, of Pfeifer & Kelty, P.C., of Springfield, for amicus curiae Illinois Municipal League.

Lee J. Schwartz, of Sidley & Austin, of Chicago, for amici curiae Illinois Government Finance Officers' Association and Northwest Municipal Conference.

Appellate court affirmed in part and reversed in part; circuit court reversed; cause remanded.

CHIEF JUSTICE MORAN delivered the opinion of the court:

Plaintiff, Phyllis Kinzer, filed her verified fourth amended complaint in the circuit court of Cook County pursuant to section 1-5-1 of the Illinois Municipal Code (Code) (Ill. Rev. Stat. 1985, ch. 24, par. 1-5-1) seeking to obtain declaratory relief, injunctive relief and to recover damages on behalf of and...

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