Malec v. City of Belleville, Illinois

State: Illinois

Court: 5th District Appellate

Docket No: 5-09-0533 Rel

Case Date: 02/07/2011

Preview:NO. 5-09-0533
NOTICE Decision filed 02/07/11. The text of this decision may be changed or corrected prior to the filing of a Peti tion for Rehearing or th e

IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT Appeal from the Circuit Court of St. Clair County. No. 06-MR-45

disposition of the same.

STEPHEN T. MALEC,

) ) Plaintiff-Appellant, ) ) v. ) ) THE CITY OF BELLEVILLE, ILLINOIS, an Illinois ) Municipal Corporation, THF GREEN MOUNT ) DEVELOPMENT, LLC, a Missouri Limited ) Liability Company, and GMCR, LLC, a Missouri ) Limited Liability Company, ) ) Defendants-Appellees. )

Honorable Lloyd A. Cueto, Judge, presiding.

JUSTICE WEXSTTEN delivered the judgment of the court, with opinion. Presiding Justice Chapman concurred in the judgment and opinion. Justice Spomer dissented, with opinion. OPINION The plaintiff, Stephen Malec, filed an action seeking declaratory and injunctive relief against the defendants, THF Green Mount Development, LLC, and GMCR, LLC (the Developers), and the City of Belleville, Illinois (the City), in the St. Clair County circuit court. The suit challenged (1) the formation of a tax-increment-financing district (TIF District) pursuant to the Tax Increment Allocation Redevelopment Act

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