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O'BRIEN v. CITY OF CHICAGO

Gen. No. 45,575.

347 Ill. App. 45 (1952)

105 N.E.2d 917

Vincent O'Brien, Appellee, v. City of Chicago, and Rector of Church Wardens and Vestrymen of Church of Holy Nativity, Appellants.

Appellate Court of Illinois.

Released for publication May 27, 1952.

Attorney(s) appearing for the Case

JOHN J. MORTIMER, Corporation Counsel, of Chicago, for certain appellant; L. LOUIS KARTON, Head of Appeals and Review Division, and ARTHUR MAGID, Assistant Corporation Counsel, both of Chicago, of counsel. SCHUYLER, RICHERT & STOUGH, of Chicago, for certain other appellants; JAY STOUGH, of Chicago, of counsel.

DEFREES, FISKE, O'BRIEN & THOMSON, of Chicago, for appellee; RICHARD L. WATTLING, of Chicago, of counsel.

MR. JUSTICE SCHWARTZ delivered the opinion of the court.

This is an appeal from a declaratory judgment against defendants, holding invalid the approval by the City Council of the City of Chicago of a plat of resubdivision establishing a church site at the southwest corner of 93rd street and Pleasant avenue, Chicago. Plaintiff owns and resides on property adjoining the proposed church site and seeks to prevent the construction...

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