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VIL. OF SPILLERTOWN v. PREWITT

No. 35995.

21 Ill.2d 228 (1961)

171 N.E.2d 582

THE VILLAGE OF SPILLERTOWN, Appellee, v. RAYMOND PREWITT, Appellant.

Supreme Court of Illinois.

Opinion filed January 20, 1961.

Attorney(s) appearing for the Case

RALPH W. HARRIS, and MELVIN F. WINGERSKY, both of Marion, for appellant.

ROBERT L. BUTLER, of Marion, for appellee.

Decree affirmed.

Mr. JUSTICE HOUSE delivered the opinion of the court:

This is an appeal from a decree restraining the defendant, Raymond Prewitt, from removing coal by the stripping method or process within the boundaries of the village of Spillertown. The defendant attacks the validity of the ordinance and raises other constitutional questions.

The village of Spillertown adopted an ordinance on November 12, 1958, by which it declared the mining of...

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