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N. ILL. HOME BUILDERS ASS'N, INC. v. COUNTY OF DU PAGE

No. 2-92-0963.

621 N.E.2d 1012 (1993)

251 Ill. App.3d 494

190 Ill.Dec. 559

NORTHERN ILLINOIS HOME BUILDERS ASSOCIATION, INC. et al., Plaintiffs-Appellants, v. The COUNTY OF DU PAGE et al., Defendants-Appellees.

Appellate Court of Illinois, Second District.

October 6, 1993.

Attorney(s) appearing for the Case

John C. Bartler (argued), McKenna, Storer, Rowe, White & Farrug, Wheaton, for N. Ill. Home Builders Assoc., Inc., R.A. Faganel, Builders, Inc., Joe Keim Builders, Inc., Springwood Builders, Inc., The Krughoff Com., DePaulo Builders, Inc., Dennis Rogers Builders, Inc., Primus Corp., IVCO, Inc. and Alec Gizzi.

James E. Ryan, Du Page County State's Atty., Barbara A. Preiner, Supervisor of Appeals, Du Page Co. State's Atty's. Office, Anna B. Harkins (argued), Asst. State's Atty., Siemon, Larsen & Marsh, Attys. at Law, Gerald P. Callahan, Siemon, Larsen & Marsh, Chicago, for County of Du Page and George Kouba.

Justice QUETSCH delivered the opinion of the court:

This case of first impression in Illinois involves a constitutional challenge to impact fees imposed on new development in Du Page County for the purpose of collecting a proportionate share of the road improvement costs made necessary by the additional traffic generated by the new development.

The plaintiffs, Northern Illinois Home Builders Association, Inc., et al., filed a complaint for mandamus...

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