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H.G. GOELITZ CO. v. TOWN OF CICERO

Gen. No. 48,021.

28 Ill. App.2d 225 (1960)

171 N.E.2d 233

H.G. Goelitz Co., a Corporation of Illinois; William H. Goelitz, Successor Trustee Under the Provisions of a Trust Agreement Dated December 29, 1934, and Recorded December 31, 1934, as Document No. 11535599 and Known as Trust No. 1, Plaintiffs-Appellees, v. Town of Cicero, a Municipal Corporation, Henry J. Sandusky, President of the Board of Trustees of the Town of Cicero, Joseph Cibulka, Commissioner of Buildings of the Town of Cicero, Erwin Konovsky, Superintendent of Police of the Town of Cicero, Defendants-Appellants.

Appellate Court of Illinois — First District, Second Division.

November 22, 1960.

Attorney(s) appearing for the Case

Christy S. Berkos, of Cicero (Miles Wlodek, of counsel) for appellants.

Sullivan, Jeffers & Doheny, of Chicago (John P. Sullivan and James J. Doheny, of counsel) for appellees.

MR. PRESIDING JUSTICE BURKE delivered the opinion of the court.

Plaintiffs filed a complaint in equity to restrain the officials and the Town of Cicero from prosecuting a complaint before a Police Magistrate for violation of a building ordinance and from filing any other complaints against them on the ground that the operation and maintenance of their asphalt plant is a public nuisance or that it emits smoke and fumes, and from arresting them or their servants so...

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