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222 EAST CHESTNUT ST. v. LaSALLE NAT. BANK

Gen. No. 47,166.

15 Ill. App.2d 460 (1957)

146 N.E.2d 717

222 East Chestnut Street Corporation, Plaintiff-Appellant, v. LaSalle National Bank, not personally but as Trustee under Trust Agreement dated December 28, 1954, and known as Trust No. 17365; Board of Appeals of City of Chicago, Samuel T. Lawton et al., individually and as members of the Board of Appeals of City of Chicago; George L. Ramsey, individually and as Commissioner of Buildings of the City of Chicago; City of Chicago, a municipal corporation; Richard J. Daley, individually and as Mayor of the City of Chicago, Defendants-Appellees.

Appellate Court of Illinois — First District, Third Division.

Released for publication January 17, 1958.

Attorney(s) appearing for the Case

Joseph F. Elward, and Edward S. Macie, of Chicago, for 222 East Chestnut Street Corporation, plaintiff-appellant.

Goldberg, Devoe & Shadur, of Chicago (Milton I. Shadur, Abner J. Mikva, and Seymour I. Regal, of counsel) for LaSalle National Bank not personally, but as Trustee under Trust Agreement dated December 28, 1954, and known as Trust No. 17365, defendant-appellee; John C. Melaniphy, Corporation Counsel of Chicago (Sidney R. Drebin, and Harry H. Pollack, Assistant Corporation Counsel, of counsel) for all defendants-appellees except LaSalle National Bank.

PRESIDING JUSTICE BURKE delivered the opinion of the court.

This was a suit to enjoin defendants from erecting a combination apartment building and private garage, with the rear line of the structure even with the rear line of the lot, in alleged violation of Section 18 (c) of the Chicago Zoning Ordinance prohibiting any part of the ground area of such structure from being nearer to the rear lot line than 20 feet. The chancellor entered a decree dismissing the complaint...

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