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AMERICAN OIL CO. v. COUNTY OF DuPAGE

Gen. No. 64-65.

58 Ill. App.2d 48 (1965)

206 N.E.2d 510

American Oil Company, Plaintiff-Appellee, v. County of DuPage, a Body Politic and Corporate, Defendant-Appellant.

Appellate Court of Illinois — Second District.

April 23, 1965.

Attorney(s) appearing for the Case

William V. Hopf, State's Attorney, of Wheaton, for appellant.

Ross, Hardies, O'Keefe, Babcock & McDugald, and John M. Daley, all of Chicago (Richard F. Babcock and Donald W. Glaves, of counsel), for appellee.

ALLOY, P.J.

This appeal results from an action for a declaratory judgment declaring the zoning ordinance of the county of DuPage, as applied to plaintiff American Oil Company property, unconstitutional and, incidentally, declaring that said plaintiff has a right to use the property for a gasoline service station. The order of the trial court decreed that the zoning ordinance in question was an unreasonable exercise of power and unreasonably restricted the use of the...

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