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PEOPLE EX REL. JACKSON & MORRIS, INC. v. SMUCZYNSKI

Gen. No. 45,348.

345 Ill. App. 63 (1951)

102 N.E.2d 168

People of State of Illinois ex rel. Jackson and Morris, Inc., Appellee, v. Ben G. Smuczynski, Village President of Village of Phoenix, a Municipal Corporation, John Falica, Village Clerk et al., Appellants.

Appellate Court of Illinois.

Released for publication December 6, 1951.

Attorney(s) appearing for the Case

ROMAN E. POSANSKI, of Chicago, for appellants; CHARLES D. SNEWIND, of Chicago, of counsel.

O.I. LEWIS, of Chicago, for appellee.

MR. JUSTICE FEINBERG delivered the opinion of the court.

Defendants appeal from an order of the circuit court awarding a writ of mandamus, directing them to approve a plat of a subdivision of land, owned by plaintiff, situated in the Village of Phoenix, a municipal corporation. The cause was tried by the court, without a jury, upon a stipulation of facts. The only question presented upon this appeal is the proper construction of the applicable statutes.

Plaintiff...

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