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RYAN v. CITY OF ELMHURST

No. 37532.

28 Ill.2d 196 (1963)

190 N.E.2d 737

LUWINEA RYAN, Appellee, v. THE COUNTY OF DU PAGE, Appellant. — (THE CITY OF ELMHURST, Intervenor-Appellant.)

Supreme Court of Illinois.

Opinion filed May 27, 1963.

Attorney(s) appearing for the Case

WILLIAM J. BAUER, State's Attorney, of Wheaton, and GEORGE BILLETT, of Elmhurst, (ANTHONY M. PECCARELLI, Assistant State's Attorney, and EDWARD J. VERTOVEC, of counsel,) for appellants.

THOMAS H. PRICE, of Elmhurst, for appellee.

Decree reversed.

Mr. JUSTICE HOUSE delivered the opinion of the court:

The county of Du Page, joined by the city of Elmhurst as intervenor, appeals from a decree declaring the county's zoning ordinance unconstitutional and void as applied to plaintiff's tract.

The subject property is a one-acre tract lying at the northwest corner of the intersection of North Avenue (Route 64) on the south, and West avenue on the east. It is in an unincorporated subdivision...

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