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SCHWARTZ v. CITY OF CHICAGO

No. 35420.

19 Ill.2d 62 (1960)

166 N.E.2d 59

KEVIE SCHWARTZ et al., Appellees, v. THE CITY OF CHICAGO, Appellant.

Supreme Court of Illinois.

Opinion filed March 31, 1960.

Attorney(s) appearing for the Case

JOHN C. MELANIPHY, Corporation Counsel, of Chicago, (SYDNEY R. DREBIN, Assistant Corporation Counsel, and ROBERT J. COLLINS, Special Assistant Corporation Counsel, of counsel,) for appellant.

DEUTSCH & PESKIN, of Chicago, (BERNARD M. PESKIN, ARTHUR J. BAER, JR., and SOL A. HOFFMAN, of counsel,) for appellees.

FRANK R. SCHNEBERGER, of Chicago, (FRANK S. RIGHEIMER, JAMES W. COFFEY, and JOHN T. MEHIGAN, of counsel,) for the Board of Education of the City of Chicago, amicus curiae.

Judgment reversed.

Mr. CHIEF JUSTICE HOUSE delivered the opinion of the court:

This is an appeal by the city of Chicago from a declaratory judgment of the circuit court of Cook County holding certain provisions of the zoning, location and frontage-consent ordinances of the city unconstitutional and void as applied to plaintiffs' property. The trial court certified that the validity of municipal ordinances is involved...

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