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COSMOPOLITAN NAT. BK. v. VILLAGE OF MT. PROSPECT

No. 36195.

22 Ill.2d 463 (1961)

177 N.E.2d 365

THE COSMOPOLITAN NATIONAL BANK OF CHICAGO, as Trustee, et al., Appellees, v. THE VILLAGE OF MOUNT PROSPECT, Appellant.

Supreme Court of Illinois.

Opinion filed June 14, 1961.

Attorney(s) appearing for the Case

ROBERT J. DOWNING, of Chicago (ROBERT G. LUSSIER, and RASKIN & DOWNING, both of Chicago, of counsel,) for appellant.

RICHARD F. BABCOCK, of Chicago, (R. MARLIN SMITH, and Ross, McGOWAN & O'KEEFE, of Chicago, of counsel,) for appellees.

Decree reversed.

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

The village of Mount Prospect appeals directly from a decree of the circuit court of Cook County which held the village's zoning ordinance unconstitutional as applied to plaintiffs' property. Legal title to the property is held by the Cosmopolitan National Bank of Chicago as trustee for Meyer Kushner and Abraham Kushner and their wives. It is zoned "R-2," and the permitted uses...

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