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ROSEN v. VILLAGE OF DOWNERS GROVE

No. 35582.

19 Ill.2d 448 (1960)

167 N.E.2d 230

HERMAN ROSEN et al., Appellees, v. THE VILLAGE OF DOWNERS GROVE et al., Appellants.

Supreme Court of Illinois.

Opinion filed May 18, 1960.

Attorney(s) appearing for the Case

ALAN C. HULTMAN, and HOOPER, BOWERS, CALKINS & CARNEY, both of Downers Grove, and KIRKLAND, ELLIS, HODSON, CHAFFETZ & MASTERS, of Chicago, (VERNON M. WELSH, and FRANK L. WINTER, of counsel,) for appellants.

CARL O. BUE, of Elmhurst, for appellees.

Affirmed in part and reversed in part and demanded.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

The circuit court of Du Page County enjoined the enforcement of portions of the "Subdivision Control Ordinance" of the village of Downers Grove, and certified that the public interest required a direct appeal to this court. (Ill. Rev. Stat. 1959, chap. 110, par. 75.) The defendants, who are the village, an elementary school district and a high school...

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