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STIVERS v. BEAN

No. 4-13-0255.

2014 IL App (4th) 130255

NORMAN STIVERS; MARY STIVERS; MICHAEL UNRUH; LAURA DENISON; JEFF HOYT; TONYA HOYT; MICHAEL LANE; CHERYL LANE; JOSEPH SCHRODT; DAVID HASKELL; KAREN HASKELL; THOMAS EICHENAUER; THE JOAN H. WOLF LIVING TRUST; and THE VILLAGE OF FORSYTH, ILLINOIS, a Municipal Corporation, Plaintiffs-Appellees, v. STEPHEN BEAN, in His Official Capacity as County Clerk of Macon County, Illinois; and THE BOARD OF LIBRARY TRUSTEES OF THE BARCLAY PUBLIC LIBRARY DISTRICT, Defendants-Appellants.

Appellate Court of Illinois, Fourth District.

Filed January 13, 2014.

Attorney(s) appearing for the Case

Edward F. Flynn (argued) and Erick F. Hubbard (argued), both of Appeal Featherstun Gaumer Postlewait Stocks Flynn & Hubbard, of Decatur, for appellants.

Scott E. Garwood (argued) and Craig W. Runyon, both of Samuels, Miller, Schroeder, Jackson & Sly, LLP, of Decatur, for appellees.

Justice Turner dissented, with opinion.

OPINION

JUSTICE APPLETON, delivered the judgment of the court, with opinion.

¶ 1 The Village of Forsyth (village) and the owners of 10 parcels of land brought an action for mandamus against Stephen Bean in his capacity as the Macon County clerk and against the board of library trustees of the Barclay Public Library District (district), seeking to compel Bean to disconnect the parcels from the district because the village, which had a public library...

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