Illinois Appellate Court
Civil Court
Municipal Law
Residential developers and Village entered into recapture agreement, with purpose to reimburse developer for costs of improvements that benefitted other properties. Village and developers had conflict of interest as to litigation strategy, which extinguished any duty of indemnification. Municipal Code does not restrict municipalities from vacating property once determining that vacating of street will serve public interest, and thus Village has authority to vacate property by ordinance. Developers have waived any complaints about required dedication of outlot to Village, as they received benefits of ordinance that enabled their construction of development. (NEVILLE and MURPHY, concurring.)