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WARD v. VILLAGE OF ELMWOOD PARK

Gen. No. 46,664.

8 Ill. App.2d 37 (1955)

130 N.E.2d 287

Margaret Mary Ward and Wilmer W. Foster, Appellees, v. Village of Elmwood Park, Appellant.

Appellate Court of Illinois — First District, Third Division.

Released for publication December 19, 1955.

Attorney(s) appearing for the Case

Leslie J. Smith, of Forest Park, and Howard B. Bryant, of Chicago, for defendant-appellant.

Louis Dennen, of Chicago, for plaintiffs-appellees; Daniel P. Glecier, of Chicago, of counsel.

JUDGE KILEY delivered the opinion of the court.

This is a declaratory judgment action (Ill. Rev. Stat. 1953, Chap. 110, Sec. 181.1 [Jones Ill. Stats. Ann. 104.057(1)]) seeking a judicial declaration that an ordinance of defendant village, as applied to plaintiffs' property, is void. Plaintiffs also seek mandamus to compel the approval of plans and issuance of a building permit. Defendant's answer was stricken on plaintiffs...

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