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GURBA v. COMMUNITY HIGH SCHOOL DIST.

No. 2-14-0098.

18 N.E.3d 149 (2014)

2014 IL App (2d) 140098

385 Ill. Dec. 149

Jeff GURBA, The Louis A. Bianchi Revocable Trust, and the Jean M. Bianchi Revocable Trust, Plaintiffs-Appellees, v. COMMUNITY HIGH SCHOOL DISTRICT No. 155, Defendant (The Board of Education of Community High School District No. 155, Defendant and Third-Party Plaintiff-Appellant; The City of Crystal Lake, Third-Party Defendant-Appellee; and Leslie Schermerhorn, in Her Official Capacity as McHenry County Regional Superintendent of Schools, Third-Party Defendant-Appellant).

Appellate Court of Illinois, Second District.

September 3, 2014.

Attorney(s) appearing for the Case

Michael G. Nerheim, State's Attorney, of Waukegan (Daniel L. Jasica and Carla N. Wyckoff, Assistant State's Attorneys, of counsel), for appellant Leslie Schemierhorn.

Dean W. Krone, Robert E. Swain, Steven M. Richart, and Kerry P. Burnet, all of Hodges, Loizzi, Eisenhammer, Rodick & Kohn, LLP, of Arlington Heights, for other appellants.

Victor P. Filippini, Jr., of Filippini Law Firm, LLP, of Glenview, for appellee City of Crystal Lake.

Michael R. Burney, of Schain, Burney, Banks & Kenny, Ltd., of Chicago, and Thomas R. Burney, of Zanck, Coen, Wright & Saladin, P.C., of Crystal Lake, for other appellees.

Brian D. Day and Roger Huebner, both of Illinois Municipal League, of Springfield, amicus curiae.

Laurie A. Reynolds, of University of Illinois College of Law, of Champaign, amicus curiae.

OPINION

Justice BIRKETT delivered the judgment of the court, with opinion.

¶ 1 The plaintiffs here are Jeff Gurba, the Louis A. Bianchi Revocable Trust, and the Jean M. Bianchi Revocable Trust, property owners whose land is adjacent to the Crystal Lake South High School football stadium. The defendants are Community High School District No. 155 (the District), which is responsible for, among other things, the physical plant of Crystal Lake South, and...

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