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ELMER CLAVEY, INC. v. CITY OF HIGHLAND PARK

Gen. No. 65-149.

75 Ill. App.2d 464 (1966)

220 N.E.2d 93

Elmer Clavey, Inc., a Corporation, Plaintiff-Appellee, v. City of Highland Park, a Municipal Corporation, Defendant-Appellant.

Appellate Court of Illinois — Second District.

October 18, 1966.

Attorney(s) appearing for the Case

Thomas H. Compere, Corporation Counsel, of Highland Park, and Stanley Grosshandler, of Waukegan, for appellant.

Russell L. Engber, of Highland Park, for appellee.

MR. JUSTICE RATHJE delivered the opinion of the court.

The defendant, City of Highland Park, appeals to this court from a declaratory judgment in favor of the plaintiff, Elmer Clavey, Inc., rendered by the Circuit Court of the Nineteenth Judicial Circuit, Lake County. The trial court found that the zoning ordinance of the defendant was arbitrary, capricious and unreasonable and void insofar as it applied to the subject property; that the highest and best use of a...

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