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GRAND TRUNK W.R. CO. v. CHICAGO

Gen. No. 45,626.

346 Ill. App. 376 (1952)

105 N.E.2d 152

Grand Trunk Western Railroad Company, Plaintiff-Appellee, v. City of Chicago, Defendant-Appellant.

Appellate Court of Illinois.

Released for publication April 25, 1952.

Attorney(s) appearing for the Case

JOHN J. MORTIMER, Corporation Counsel, of Chicago, for appellant; L. LOUIS KARTON, Head of Appeals and Review Division, and ARTHUR MAGID, Assistant Corporation Counsel, both of Chicago, of counsel.

WINSTON, STRAWN, BLACK & TOWNER, of Chicago, and H.V. SPIKE, of Detroit, Michigan, for appellee; JOHN C. SLADE, BRYCE L. HAMILTON, and EDWARD J. WENDROW, all of Chicago, of counsel.

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

This is an action to nullify, enjoin enforcement of, and remove as a cloud upon the title to plaintiff railroad's property, a zoning ordinance of the City of Chicago. The decree was in plaintiff's favor, and the city has appealed.

Plaintiff's Elsdon Yard extends north from W. 57th Street to W. 49th Street between St. Louis Avenue on the east, and the west boundary of its right of way, just west...

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