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FRANZ v. VILLAGE OF MORTON GROVE

No. 37605.

28 Ill.2d 246 (1963)

190 N.E.2d 790

HENRY FRANZ et al., Appellees, v. THE VILLAGE OF MORTON GROVE, Appellant.

Supreme Court of Illinois.

Opinion filed May 27, 1963.

Attorney(s) appearing for the Case

JAMES G. ORPHAN, of Morton Grove, (CHARLES D. SNEWIND and GABRIEL S. BERRAFATO, of counsel,) for appellant.

WOOSTER & MUGALIAN, of Chicago, (CHARLES C. WOOSTER and RICHARD A. MUGALIAN, of counsel,) for appellees.

Judgment affirmed.

Mr. JUSTICE KLINGBIEL delivered the opinion of the court:

The village of Morton Grove appeals from a declaratory judgment holding its zoning ordinance invalid as applied to certain land, now vacant, on the northeast corner of Oakton Street and Austin Avenue. The district in which it lies is zoned for single-family residences. The owners desire to use it for light manufacturing, and the court agreed with the master in finding the restriction...

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