SABATH v. CITY OF CHICAGO

Gen. No. 49,366.

56 Ill. App.2d 307 (1965)

206 N.E.2d 286

Raymond L. Sabath, etc., et al., Plaintiffs-Appellees, v. City of Chicago, a Municipal Corporation, et al., Defendants-Appellants. David J. O'Meara, et al., Intervenors.

Appellate Court of Illinois — First District, First Division.

Rehearing denied April 5, 1965.


Attorney(s) appearing for the Case

John C. Melaniphy, Corporation Counsel, of Chicago (Sydney R. Drebin, Assistant Corporation Counsel, and Allen Hartman, Special Assistant Corporation Counsel, of counsel), for appellants.

Deutsch & Peskin, of Chicago (Arthur J. Baer, Jr., of counsel), for appellees.


MR. JUSTICE MURPHY delivered the opinion of the court.

Defendants appeal from a declaratory judgment order, which (1) found and declared that plaintiffs' use of their premises was "a legal nonconforming use under the Zoning Ordinance of the City of Chicago," and (2) directed that a commercial driveway permit be issued for the subject premises after finding that a driveway would neither create undue safety hazards in the use of the street and sidewalk nor impede the...

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