BAUMAN v. PISER UNDERTAKERS CO.

Gen. No. 48,550.

34 Ill. App.2d 145 (1962)

180 N.E.2d 705

Harry Bauman, et al., and Nortown Improvement Association, a Not for Profit Corporation, Appellants, v. Piser Undertakers Company, a Corporation, et al., Appellees.

Appellate Court of Illinois — First District, First Division.

Rehearing denied March 8, 1962.


Attorney(s) appearing for the Case

L. Louis Karton, of Chicago, for appellants.

John C. Melaniphy, Corporation Counsel of the City of Chicago (Sydney R. Drebin, Assistant Corporation Counsel, of counsel), for certain appellees. Arthur J. Baer, Jr. and Benjamin Chodash (Deutsch & Peskin, of counsel), for defendants-appellees.


MR. PRESIDING JUSTICE MURPHY delivered the opinion of the court.

Plaintiffs seek to enjoin defendant Piser Undertaking Company from constructing and operating an undertaking establishment, on the ground that it will constitute a nuisance in a predominantly residential area. The court sustained motions of all defendants to strike the complaint and dismiss the suit. Plaintiffs appeal.

The complaint alleges, in substance, that defendant Piser proposes to construct...

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