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WESTERN THEOLOGICAL SEMINARY v. EVANSTON

Gen. No. 48,589.

34 Ill. App.2d 162 (1962)

180 N.E.2d 752

Western Theological Seminary, a Corporation, Plaintiff-Appellee, v. City of Evanston, a Municipal Corporation, Bert W. Johnson, City Manager, and Norman E. Schmidt, Director of Building, Defendants-Appellants.

Appellate Court of Illinois — First District, Second Division.

February 23, 1962.

Attorney(s) appearing for the Case

Rex A. Bullinger, of Evanston, Ross, McGowan & O'Keefe, of Chicago (Richard F. Babcock, Russell A. Behrens, and R. Marlin Smith, of counsel), for appellants.

Dallstream, Schiff, Hardin, Waite & Dorschel, of Chicago (Lester G. Britton, Alexander L. Polikoff and William A. Montgomery, of counsel), for appellee.

MR. JUSTICE BRYANT delivered the opinion of the court:

This is an appeal from a decree of June 29, 1961 enjoining the City of Evanston, its officers and employees from enforcing the present or any future zoning ordinance with respect to plaintiff Western Theological Seminary's proposed married students' residence hall to be erected upon plaintiff's purchased premises, and from denying plaintiff the right to erect and use upon said purchased premises a married students...

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