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NELSON v. CITY OF ROCKFORD

No. 35596.

19 Ill.2d 410 (1960)

167 N.E.2d 219

LOTTEN NELSON et al., Appellees, v. THE CITY OF ROCKFORD, Appellant.

Supreme Court of Illinois.

Opinion filed May 20, 1960.

Attorney(s) appearing for the Case

WILLIAM E. COLLINS, of Rockford, for appellant.

WELSH & WELSH, and NELSON & NELSON, both of Rockford, (JOHN HOLMSTROM, JR., and KEITH HYZER, of counsel,) for appellees.

Reversed and remanded.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

This is a declaratory judgment action brought to determine the constitutionality of the zoning ordinance of the city of Rockford as applied to three vacant lots owned by the plaintiffs. From a judgment declaring the ordinance invalid as so applied, but limiting the use of the property to that specifically proposed by the plaintiffs, the defendant city appeals directly to this court...

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