ELMHURST NAT. BK. v. CITY OF CHICAGO

No. 36193.

22 Ill.2d 396 (1961)

176 N.E.2d 771

ELMHURST NATIONAL BANK, Trustee, Appellee, v. THE CITY OF CHICAGO, Appellant.

Supreme Court of Illinois.

Rehearing denied September 20, 1961.


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.

JAMES R. QUINN, J. RICHARD STANTON, and PHILIP R. TOOMIN, all of Chicago, for appellee.


Reversed and remanded.

Mr. JUSTICE BRISTOW delivered the opinion of the court:

This is a direct appeal by the defendant city of Chicago from a declaratory decree entered by the circuit court of Cook County holding a city zoning ordinance unconstitutional as applied to certain property owned by plaintiff Elmhurst National Bank, as trustee. The constitutionality of this ordinance depends upon whether the residential classification

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