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Inland Land Appreciation Fund, L.P. v. County of Kane

Case Date: 12/05/2003
Court: 2nd District Appellate
Docket No: 2-02-1117 Rel

No. 2--02--1117

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

INLAND LAND APPRECIATION FUND, 
L.P., and FIRSTAR BANK of ILLINOIS,
formerly known as Colonial Trust Company,
as Successor Trustee to Burbank State Bank,
as Trustee under a Trust Agreement dated
February 16, 1990, and known as Trust No.
973,

          Plaintiffs-Appellants,

v.

THE COUNTY OF KANE,

          Defendant-Appellee.

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)		 Appeal from the Circuit Court
of Kane County.




No. 97-MR-159





Honorable
Patrick J. Dixon,
Judge, Presiding.

JUSTICE O'MALLEY delivered the opinion of the court:

Plaintiffs, Inland Land Appreciation Fund, L.P., and Firstar Bank of Illinois, appeal thejudgment of the circuit court of Kane County in favor of defendant Kane County entered after abench trial on count IV of plaintiffs' complaint and defendant's counterclaim. We affirm.

The following facts are undisputed. Plaintiffs, who own several properties in Kane County, submitted their proposed Prairie Lakes Subdivision plan to defendant for review in 1995. In April1996, Paul Schuch, director of defendant's water resources and platting division, sent the followingletter to Anthony Casaccio, plaintiffs' representative:

"Dear Mr. Casaccio:

We have retained an outside consultant to perform the preliminary storewaterengineering review for the [proposed] subdivision.

The consultant that the County is contracting with is Mr. Don Dressel, P.E., Christopher B. Burke Engineering, Ltd., 9575 West Higgins Road, Suite 600, Rosemont,Illinois 60018.

This arrangement is permissible under the Kane County Subdivision Regulations, section 19--37 Outside Consultants [Kane County Subdivision Regulations