Waitcus v. Village of Gilberts

Defendants, the Village of Gilberts, its president and acting trustees, appeal from an order granting plaintiffs’, certain property owners in the Gilberts Industrial District, motion for summary judgment as to count I of their complaint. On appeal, defendants contend that the complaint failed to state a cause of action, that the Village board acted properly, and that the trial court erred in granting plaintiffs’ motion for summary judgment.

In September 1986 the Village of Gilberts passed an ordinance proposing the creation of a special service area for an old industrial park where plaintiffs…