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TOWER CABANA CLUB, INC. v. CITY OF CHICAGO

No. 33363.

5 Ill.2d 11 (1955)

123 N.E.2d 834

TOWER CABANA CLUB, INC., Appellee, v. THE CITY OF CHICAGO, Appellant.

Supreme Court of Illinois.

Rehearing denied February 15, 1955.

Attorney(s) appearing for the Case

JOHN J. MORTIMER, Corporation Counsel, of Chicago, (L. LOUIS KARTON, and ARTHUR N. HAMILTON, of counsel,) for appellant.

OSCAR A. BROTMAN, and LEON N. MILLER, both of Chicago, (WILLIAM C. WINES, and ODE L. RANKIN, of counsel,) for appellee.

Judgment affirmed.

Mr. CHIEF JUSTICE BRISTOW delivered the opinion of the court:

Appellee, Tower Cabana Club, Inc., an Illinois corporation, filed its action for a declaratory judgment in the circuit court of Cook County against appellant, city of Chicago, seeking to have the Chicago zoning ordinance of 1942 declared invalid and unenforceable as to plaintiff's property. The city filed an answer and the appellee its reply. Proofs were taken before a master...

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