INDEPENDENT AMUSEMENTS, INC. v. VILLAGE OF MILAN

Gen. No. 10,562.

348 Ill. App. 258 (1952)

109 N.E.2d 238

Independent Amusements, Inc., Plaintiff-Appellee, v. Village of Milan, Defendant-Appellant.

Appellate Court of Illinois.

Rehearing denied December 10, 1952.

Opinion modified on rehearing Released for publication December 10, 1952.


Attorney(s) appearing for the Case

SAMUEL M. GILMAN, of Milan, for appellant.

HUBER, REIDY & KATZ, of Rock Island, for appellee; ISADOR I. KATZ, of Rock Island, of counsel.


MR. PRESIDING JUSTICE DOVE delivered the opinion of the court.

Section 42 of article 7 of the Cities and Villages Act (Ill. Rev. St. 1949, chap. 24, art. 7, sec. 42 [par. 7-42]) [Jones Ill. Stats. Ann. 21.1233] provides, in part: "The owner of [or] owners or [of] record of any area of land consisting of one or more tracts, lying within the corporate limits of any municipality, which (1) is not contiguous in whole or in part to any other municipality; (2) contains...

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