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McCOY v. CITY OF KNOXVILLE

Gen. No. 11,730.

41 Ill. App.2d 378 (1963)

190 N.E.2d 622

John C. McCoy, Jr., and Nelda C. McCoy, Plaintiffs-Appellants, v. City of Knoxville, a Municipal Corporation, Defendant-Appellee.

Appellate Court of Illinois — Second District, Second Division.

May 23, 1963.

Attorney(s) appearing for the Case

Barash & Stoerzbach, of Galesburg, for appellants.

Stuart, Neagle & West, and Max E. Mathers, of Galesburg, for appellee.

CROW, J.

The plaintiffs, John C. McCoy, Jr., and Nelda C. McCoy, filed suit for a declaratory judgment on an agreed statement of facts, seeking a determination that certain property under the zoning ordinance of the defendant, City of Knoxville, can be used for filling station purposes as a lawful pre-existing nonconforming use. The Trial Court held that there was a nonuse or cessation of use for filling station purposes...

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