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RASMUSSEN v. VILLAGE OF BENSENVILLE

Gen. No. 64-70.

56 Ill. App.2d 119 (1965)

205 N.E.2d 631

Florence Rasmussen and Fred G. Elfring, Plaintiffs-Appellees, v. The Village of Bensenville, a Municipal Corporation, Defendant-Appellant, and First Evangelical United Brethren Church of Bensenville, Illinois, Intervenor-Appellant.

Appellate Court of Illinois — Second District.

Rehearing denied April 9, 1965.

Attorney(s) appearing for the Case

Corrigan and Mackay, of Wheaton (John R. Mackay, of counsel), William A. Redmond, of Bensenville, for Village of Bensenville, defendant-appellant, Thomas H. Price, of Elmhurst, for First Evangelical United Brethren Church of Bensenville, intervenor-appellant.

Schmid & Orstrom, of Glen Ellyn (Paul S. Schmid, of counsel), for appellees.

DAVIS, J.

This is an appeal from a declaratory judgment, entered by the Circuit Court of DuPage County, that the Zoning and Location Ordinances of the Village of Bensenville, are unlawful and void in prohibiting the use of plaintiffs' real estate as a gasoline station. We find the Location Ordinance to be valid and reverse the trial Court without considering the validity of the Zoning Ordinance.

The location prohibition is contained in Section 5 of Article...

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