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BARTLETT v. CITY OF CHICAGO

Gen. No. 49,765.

55 Ill. App.2d 314 (1965)

204 N.E.2d 780

Robert Bartlett and Bernice P. Bartlett, His Wife, Plaintiffs-Appellees, v. City of Chicago, a Municipal Corporation, Defendant-Appellant, and 3440 Lake Shore Drive Apartments, a Partnership, Eric Oldberg, et al., Intervening Defendants.

Appellate Court of Illinois — First District, First Division.

Rehearing denied February 18, 1965.

Attorney(s) appearing for the Case

John C. Melaniphy, Corporation Counsel, of Chicago (Sydney R. Drebin and Marvin E. Aspen, Assistant Corporation Counsel, of counsel), for appellant.

Theodore W. Huszagh, of Chicago, for appellees.

MR. JUSTICE KLUCZYNSKI delivered the opinion of the court.

This is an appeal by the defendant, City of Chicago, from a declaratory judgment holding a zoning ordinance unconstitutional as applied to certain property owned by the plaintiffs, Robert Bartlett and Bernice, his wife. Plaintiffs propose to construct a 31 story apartment building which would meet all the requirements of R-7 zoning and conform to the building code of the city.

The subject property...

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