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CLARK OIL & REFINING CORP. v. EVANSTON

No. 36327.

23 Ill.2d 48 (1961)

177 N.E.2d 191

CLARK OIL AND REFINING CORPORATION, Appellee, v. THE CITY OF EVANSTON, Appellant.

Supreme Court of Illinois.

Opinion filed September 22, 1961.

Attorney(s) appearing for the Case

REX A. BULLINGER, Corporation Counsel, of Evanston, and Ross, McGOWAN & O'KEEFE, of Chicago, (RICHARD F. BABCOCK, RUSSELL A. BEHRENS, and R. MARLIN SMITH, of counsel,) for appellant.

HOWARD, HOWARD & HOFERT, of Chicago, (MARSHALL S. HOWARD and EDWARD C. HOFERT, of counsel,) for appellee.

Judgment reversed.

Mr. JUSTICE HOUSE delivered the opinion of the court:

A judgment order of the circuit court of Cook County declared void the zoning ordinance of the city of Evanston in so far as it classifies the subject property in a residential use district. The city appeals to this court, the trial judge having certified that the validity of a municipal ordinance is involved and that the public interest requires...

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