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PACESETTER HOMES, INC. v. VILLAGE OF SOUTH HOLLAND

Nos. 35100, 35293.

18 Ill.2d 247 (1959)

163 N.E.2d 464

PACESETTER HOMES, INC., Appellant, v. THE VILLAGE OF SOUTH HOLLAND et al., Appellees. — ALOYSIUS CISEK d/b/a Starlite Motel, et al., Appellees, v. THE VILLAGE OF SOUTH HOLLAND et al., Appellants.

Supreme Court of Illinois.

Rehearing denied January 21, 1960.

Attorney(s) appearing for the Case

LYLE, HAVEY & GAGER, of Chicago, (EDWARD T. HAVEY, of counsel,) for appellant in No. 35100 and for appellees in No. 35293.

WILLIAM JACOBS, of South Holland, (WILLIAM O. KROHN, of counsel,) for appellees in No. 35100, and for appellants in No. 35293.

TURNER, HUNT AND DEBOLT, of Chicago, (FREDERICK W. TURNER, JR., and MURRAY B. WOOLLEY, of counsel,) for amicus curiae, Home Builders Association of Chicagoland.

Reversed and remanded.

Mr. JUSTICE KLINGBIEL delivered the opinion of the court:

Aloysius Cisek and two other businessmen in the village of South Holland who operate a motel, a restaurant and a gasoline service station, respectively, together with two residents desiring to avail themselves of the formers' accommodations or products, brought a declaratory judgment action in the circuit court of Cook County challenging...

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