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FROST v. VIL. OF GLENN ELLYN

No. 38074.

30 Ill.2d 241 (1964)

195 N.E.2d 616

JACK E. FROST et al., Appellees, v. THE VILLAGE OF GLEN ELLYN, Appellant.

Supreme Court of Illinois.

Opinion filed January 22, 1964.

Attorney(s) appearing for the Case

J. EDGAR KELLY, of Chicago, for appellant.

SCHMID and ORSTROM, of Glen Ellyn, (PAUL S. SCHMID, of counsel,) for appellees.

Judgment affirmed.

Mr. JUSTICE DAILY delivered the opinion of the court:

Defendant, the village of Glen Ellyn, here appeals from a declaratory judgment of the circuit court of Du Page County finding defendant's zoning ordinance to be invalid insofar as it prohibits plaintiffs, Jack E. Frost and Kathryn M. Frost, from operating a drive-in restaurant on a property they own. The trial judge has certified that the validity of a municipal ordinance is involved...

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