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CITY OF CHICAGO v. FRITZ

Gen. No. 48,671.

36 Ill. App.2d 457 (1962)

184 N.E.2d 713

City of Chicago, a Municipal Corporation, Plaintiff-Appellee, v. Charles H. Fritz and Industrial Scrap Material Corporation, an Illinois Corporation, Defendants-Appellants; Village of Riverdale and Riverdale Area Property Owner's Association, City of Blue Island, and Baltimore and Ohio Railroad Company, Intervening Petitioners-Appellees.

Appellate Court of Illinois — First District, Second Division.

July 24, 1962.

Attorney(s) appearing for the Case

Morris S. Bromberg and Benjamin Bromberg, of Chicago (Irving Goodman and Julia M. Hagerty, of counsel), for appellants.

John C. Melaniphy, of Chicago (Sydney R. Drebin and Harry H. Pollack, of counsel, of Chicago), for plaintiff-appellee; Herbert F. Zornow, John H. Gobel and Paul R. Schreiber, of Chicago, for intervening petitioners-appellees.

MR. PRESIDING JUSTICE BRYANT delivered the opinion of the court:

This appeal is taken from a decree of the Superior Court finding defendants' use of a certain tract of land and operation of a dump to be a nuisance and a hazard, and permanently restraining and enjoining defendants from using the land for the purpose of dumping, piling, accumulating or burning garbage or other refuse on the land. The land has been in continuous use as a

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