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CHICAGO TITLE & TRUST CO. v. WILMETTE

Gen. No. 50,486.

66 Ill. App.2d 326 (1966)

214 N.E.2d 336

Chicago Title & Trust Company, a Corporation, as Trustee Under Trust No. 21830, et al., Plaintiffs-Appellees, v. The Village of Wilmette, a Body Politic and Corporate, Defendant-Appellant.

Appellate Court of Illinois — First District, Fourth Division.

Rehearing denied February 9, 1966.

Attorney(s) appearing for the Case

Philip R. Toomin and George H. Redding, Jr., both of Chicago, for appellant.

Ross, Hardies, O'Keefe, Babcock, McDugald & Parsons and John M. Daley, all of Chicago (Richard F. Babcock and Malcolm Mecartney, Jr., of counsel), for appellees.

MR. PRESIDING JUSTICE DRUCKER delivered the opinion of the court.

The defendant, The Village of Wilmette, appeals from a decree in chancery, based upon the recommendation of the Master in Chancery, declaring that its zoning ordinance is arbitrary, oppressive, prohibitory, discriminatory and confiscatory as regards plaintiffs' property. Defendant in appealing directly to the Supreme Court urged that a substantial constitutional issue was presented and in particular...

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