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BIERETZ v. VILLAGE OF MONTGOMERY

Gen. No. 65-119.

67 Ill. App.2d 403 (1966)

214 N.E.2d 149

Glenn W. Bieretz, et al., Plaintiffs-Appellants, v. The Village of Montgomery, Illinois, et al., Defendants-Appellees.

Appellate Court of Illinois — Second District.

February 11, 1966.

Attorney(s) appearing for the Case

Goldsmith, Dyer & Thelin, of Aurora, for appellants.

N. Vance McCay, R. Stanley Stiles, and Tyler & Peskind, all of Aurora, for appellees.

MR. JUSTICE MORAN delivered the opinion of the court.

This is a Declaratory Judgment action transferred to this Court by the Illinois Supreme Court, challenging the validity of an amendatory zoning ordinance of the Village of Montgomery in Kane County.

Montgomery, a Village of about three thousand persons, is bi-sected by the Fox River and lies immediately south of the City of Aurora. In 1954 the Village adopted a zoning ordinance dividing the Village into...

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