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STEMWEDEL v. VILLAGE OF KENILWORTH

No. 34757.

14 Ill.2d 470 (1958)

153 N.E.2d 79

ALBERT L. STEMWEDEL, Appellee, v. THE VILLAGE OF KENILWORTH, Appellant.

Supreme Court of Illinois.

Opinion filed September 18, 1958.

Attorney(s) appearing for the Case

LYLE L. RICHMOND, of Chicago, for appellant.

MILLIKEN, VOLLERS & PARSONS, and ROBERT E. HAYTHORNE, both of Chicago, for appellee.

Reversed and remanded.

Mr. JUSTICE KLINGBIEL delivered the opinion of the court:

Albert L. Stemwedel brought suit in the circuit court of Cook County to enjoin the village of Kenilworth from enforcing as to his residence a zoning restriction prescribing a minimum rear yard depth of 25 feet. After a hearing the chancellor declared the requirement unconstitutional in its application to the property, and granted an injunction as prayed. The village appeals, contending...

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