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NORTHERN ILL. HOME BUILDERS ASSOCIATION v. COUNTY OF DU PAGE

No. 76503.

649 N.E.2d 384 (1995)

165 Ill.2d 25

208 Ill.Dec. 328

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

Supreme Court of Illinois.

March 23, 1995.

Attorney(s) appearing for the Case

McKenna, Storer, Rowe, White & Farrug, Wheaton (John C. Bartler, of counsel), for appellants.

James E. Ryan, State's Atty., and Barbara A. Preiner, George J. Sotos and Anna B. Harkins, Asst. State's Attys., Wheaton, for appellees.

Gerald P. Callaghan, Freeborn & Peters, Chicago, for George Kouba.

Justice HARRISON delivered the opinion of the court:

In this case of first impression in Illinois, plaintiffs, Northern Illinois Home Builders Association, Inc., et al., challenge the constitutionality of two State enabling statutes and three Du Page County ordinances adopted pursuant thereto which impose transportation impact fees on new development. Plaintiffs filed a complaint for mandamus in the circuit court of Du Page County which in effect sought...

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