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BROWN v. GERHARDT

No. 33249.

5 Ill.2d 106 (1955)

125 N.E.2d 53

ADDISON BROWN et al., Appellants, v. PAUL GERHARDT, JR., et al., Appellees.

Supreme Court of Illinois.

Rehearing denied March 22, 1955.

Attorney(s) appearing for the Case

MOODY, FOSTER & BARRETT, of Chicago, (EDWARD W. BARRETT, and DANIEL A. COSTIGAN, of counsel,) for appellants.

JOHN J. MORTIMER, Corporation Counsel, of Chicago, (L. LOUIS KARTON, and HARRY H. POLLACK, of counsel,) for appellees.

Reversed and remanded.

Mr. JUSTICE MAXWELL delivered the opinion of the court:

The plaintiffs filed suit for an injunction to restrain the zoning authorities of the city of Chicago from enforcing the zoning ordinance against them and for a declaratory judgment that the use of their property was a valid nonconforming use. By leave of court certain individual property owners filed an intervening petition and counterclaim praying that plaintiffs be restrained...

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