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FIRST NAT. BANK & TRUST CO. v. CITY OF EVANSTON

Gen. No. 49,615.

53 Ill. App.2d 321 (1964)

203 N.E.2d 6

First National Bank & Trust Co., etc., as Trustee Under Trust No. R830, Plaintiff-Appellee, v. City of Evanston, a Municipal Corporation, Defendant-Appellant.

Appellate Court of Illinois — First District, Third Division.

Rehearing denied December 10, 1964.,

Attorney(s) appearing for the Case

Jack M. Siegel, Corporation Counsel, and Russell A. Behrens, Assistant Corporation Counsel, of Evanston, for appellant.

Howard, Howard & Hofert, of Chicago (Marshall S. Howard, of counsel), for appellee.

MR. JUSTICE SULLIVAN delivered the opinion of the court.

This is an appeal from a declaratory judgment in which the zoning ordinance of the city of Evanston as applied to a corner lot at the intersection of Emerson Street and Ashland Avenue was declared to be unreasonable, unconstitutional and void. The defendant appealed directly to the Supreme Court. The Supreme Court transferred the case to the appellate court on the grounds that it did not present such a substantial...

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