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VIGGIANO v. CITY OF ELMHURST

Gen. No. 64-118.

67 Ill. App.2d 140 (1966)

213 N.E.2d 571

Frank Viggiano and Cecelia Viggiano, His Wife, et al., Plaintiffs-Appellants, v. City of Elmhurst, a Municipal Corporation, Defendant-Appellee, and Richard H. Stolt, et al., Intervenors-Appellees.

Appellate Court of Illinois — Second District.

January 24, 1966.

Attorney(s) appearing for the Case

Corrigan and Mackay, of Wheaton, for appellants.

Edward J. Vertovec and Thomas H. Price, both of Elmhurst, for appellees.

MR. JUSTICE MORAN delivered the opinion of the court.

This appeal arises from an order dismissing a declaratory judgment action, wherein the plaintiffs sought to have declared as void a zoning ordinance covering a triangular shaped parcel of property in the City of Elmhurst. The construction of the Congress Street Expressway and the Tri-State Tollway to the north and east of the subject premises resulted in the formation of the triangle. It is composed of some forty...

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