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SGRO v. HOWARTH

Gen. No. 10,563.

54 Ill. App.2d 1 (1964)

203 N.E.2d 173

Peter Sgro and Catherine L. Sgro, Plaintiffs-Appellees, v. Nelson O. Howarth, Mayor, Ines Hoffman, et al., Commissioners and/or Local Board of Improvements and Dwight H. O'Keefe, Jr., as Commissioner of Public Health and Safety, George Rose, et al., as Building Inspectors, Defendants-Appellants. Herbert A. Elkin, et al., Petitioners-to-Intervene-Appellants.

Appellate Court of Illinois — Fourth District.

December 17, 1964.

Attorney(s) appearing for the Case

Walter L. Oblinger, Corporation Counsel, for defendants-appellants, Roberts & Kepner (Maurice Kepner, of counsel), all of Springfield, for petitioners-appellants.

Olsen & Cantrill, of Springfield, for appellees.

SMITH, J.

Stripped of collateral issues this case involves two basic questions. The first is a summary judgment of the trial court directing the issuance of a permit to build a filling station on the property of the plaintiffs and "staying" or "enjoining" a consideration of zoning re-classification of the property by the zoning board of appeals and the city council of Springfield. The second concerns the refusal of the trial court to permit adjoining residential property...

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