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NIEBLING v. TOWN OF MOLINE

No. 33844.

8 Ill.2d 11 (1956)

131 N.E.2d 535

J.W. NIEBLING, Appellee, v. THE TOWN OF MOLINE et al., Appellants.

Supreme Court of Illinois.

Opinion filed January 19, 1956.

Attorney(s) appearing for the Case

OAKLEAF & CHURCHILL, of Moline, (CYRUS CHURCHILL, of counsel,) for appellants.

EDWARD J. TURNBAUGH, of Moline, for appellee.

LATHAM CASTLE, Attorney General, of Springfield, (JOHN L. DAVIDSON, JR., WALTER E. LINDGREN, and WILLIAM C. WINES, of counsel,) amicus curiae; and STANLEY H. GUYER, of Rockford, for Town of Rockford, amicus curiae.

Decree affirmed.

Mr. JUSTICE MAXWELL delivered the opinion of the court:

The city court of Moline permanently enjoined the town of Moline and its supervisor from carrying out the provisions of Senate Bill No. 257 passed by the Sixty-ninth General Assembly, approved by the Governor and effective July 1, 1955. The complaint was filed by a taxpayer of the township who contended the bill as passed and approved was unconstitutional and that expenditure of large...

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