(DOWNLOAD) "Palella v. Leyden Family Service" by Supreme Court of Illinois * eBook PDF Kindle ePub Free
eBook details
- Title: Palella v. Leyden Family Service
- Author : Supreme Court of Illinois
- Release Date : January 28, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
Rehearing denied May 29, 1980. Plaintiffs, all of whom are residents of the village of Villa Park, brought this action in the circuit court of Du Page County seeking to enjoin the operation of a non-medical detoxification center in Villa Park by defendants, Leyden Family Service & Mental Health Center (Leyden), West Suburban Detoxification Center (WSDC), Donald Goncher and Acre View, Inc., and seeking a writ of mandamus to compel the village of Villa Park, the village president and manager to comply with the governing ordinance and hold a public hearing on whether to permit the detoxification center. The circuit court entered an order enjoining the use of the property in question as a detoxification center and denied plaintiffs' prayer for mandamus. The circuit court awarded plaintiffs' attorney's fees to be paid by the village but denied plaintiffs' request that attorney's fees be assessed against Leyden and WSDC. Pursuant to a stipulation between plaintiffs and the village, the order awarding attorney's fees was vacated and the village was dismissed from the cause with prejudice. Defendants Leyden and WSDC appealed from the judgment ordering the injunction, and plaintiffs appealed from the order denying attorney's fees. The appellate court reversed the injunction (73 Ill. App.3d 134) and did not reach the issue of attorney's fees. We allowed plaintiffs' petition for leave to appeal. The facts are adequately set forth in the appellate court opinion and will be stated here only to the extent necessary to discuss the issues.