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COUNTY OF DuPAGE v. GARY-WHEATON BANK

Gen. No. 11,633.

42 Ill. App.2d 299 (1963)

192 N.E.2d 311

County of DuPage, a Body Politic and Corporate, Plaintiff-Appellee, v. Gary-Wheaton Bank, as Trustee Under Trust No. 306, and the Elmhurst-Chicago Stone Co., Defendants-Appellants.

Appellate Court of Illinois — Second District, First Division.

Rehearing denied September 19, 1963.

Attorney(s) appearing for the Case

Rathje, Woodward & Dyer Associates, of Wheaton (John S. Woodward, of counsel), for appellants.

William J. Bauer, State's Attorney, DuPage County, of Wheaton (Donald J. Hennessy, of counsel), for appellee.

McNEAL, PJ.

Defendants Gary-Wheaton Bank, as Trustee under Trust No. 306, and the Elmhurst-Chicago Stone Co. appeal from an order entered by the Circuit Court of DuPage County granting an injunction enjoining defendants from mining, loading and hauling of aggregate on certain premises, in violation of a county zoning ordinance.

The property consists of a forty-acre tract in unincorporated area of DuPage County...

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