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OAK GROVE JUBILEE CENTER, INC. v. CITY OF GENOA.

Leave to appeal. Denied with order.

In the exercise of this court's supervisory authority, the Appellate Court, Second District, is directed to vacate its judgment in Oak Grove Jubilee Center v. City of Genoa, No. 2-01-0938. The appellate court is directed to permit the parties to submit supplemental briefs addressing the issue of People ex rel. Klaeren v. Village of Lisle, 202 Ill. 2d 164 (2002), retroactive or prospective application. Upon reconsideration of its judgment, if the appellate court intends to apply the test in Bogseth v. Emanuel, 166 Ill. 2d 507, 515 (1995), to determine whether or not this court's decisions are subject to retroactive or prospective application, the appellate court must consider the full test applied in Bogseth and not limit its consideration to the balance of the equities.

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OAK GROVE JUBILEE CENTER, INC. v. CITY OF GENOA
(May 5, 2003)