Barba v. The Village of Bensenville

Citizens of village voted for referendum to abolish village fire department and to replace it with membership in municipal fire protection district. Plaintiff, village fire marshal, told Village Manager that he intended to retire with 30 years service credit toward his pension; he then had 29 years of service. Intergovernmental agreement (IGA), under which District would absorb Village fire department personnel and duties, was unequivocal and Plaintiff was a third-party beneficiary of it. More specific provision of IGA related to fire marshal's benefits governs over more general NTPB ("no third party beneficiary") provision, renderign the latter inoperative against him. Suit against Village for his lost pension benefits was not duplicative of his administrative action against pension board, as Plaintiff sought different relief from different municipal entities in two fundamentally different proceedings. (HUDSON and BIRKETT, concurring.)