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ILL. WOOD ENERGY PARTNERS v. CTY. OF COOK

No. 1-95-1191.

667 N.E.2d 477 (1995)

281 Ill. App.3d 841

217 Ill.Dec. 388

ILLINOIS WOOD ENERGY PARTNERS, L.P., a Delaware limited partnership, Kes Bloom, Inc., a Delaware corporation, and Pec Bloom I, Inc., an Illinois corporation, Plaintiffs-Appellees, v. COUNTY OF COOK, a body politic and corporate and Donald Wlodarski, Commissioner of Building and Zoning of the County of Cook, Defendants-Appellants.

Appellate Court of Illinois, First District, Sixth Division.

Rehearing Denied December 27, 1995.

Attorney(s) appearing for the Case

Jack O'Malley, State's Attorney of Cook County, Chicago, for Appellants (Patricia M. Shymanski, Deputy State's Attorney Chief, Civil Actions Bureau, and Patricia M. Moser, Jayman A. Avery III, Jeffrey S. McCutchan and Andrew M. Varga, Assistant State's Attorneys, of counsel).

William J. Harte, Ltd., Chicago, for Appellees (William J. Harte, Joan M. Mannix, Stephen L. Garcia and Cynthia E. Cervini, of counsel).

Justice ZWICK delivered the opinion of the court:

Plaintiffs instituted this action seeking a writ of mandamus to compel issuance of a grading permit by the Cook County Department of Building and Zoning and requesting injunctive and declaratory relief. The trial court granted summary judgment in favor of plaintiffs on their claims for mandamus and for declaratory judgment, but dismissed their claim for injunctive relief. On appeal, defendants challenge the entry of...

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