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BELMAR DRIVE-IN THEATRE v. HGW. COM.

No. 39502.

34 Ill.2d 544 (1966)

216 N.E.2d 788

BELMAR DRIVE-IN THEATRE CO., Appellant, v. THE ILLINOIS STATE TOLL HIGHWAY COMMISSION et al., Appellees.

Supreme Court of Illinois.

Opinion filed May 23, 1966.

Attorney(s) appearing for the Case

EDWARD M. GERRITY, of Sycamore, and SEARS, STREIT, DREYER & FOOTE, of Aurora, (JOHN E. DREYER, of counsel,) for appellant.

WILLIAM G. CLARK, Attorney General, of Springfield, (THOMAS J. McCRACKEN, Assistant Attorney General, of counsel,) for appellee Illinois State Toll Highway Commission.

WILLIAM P. RICHMONE, of Chicago, (SIDLEY, AUSTIN, BURGESS, & SMITH, of counsel,) for appellee Fred Harvey, Inc.

CORRIGAN AND MACKAY, of Wheaton, (JOHN R. MACKAY, of counsel,) for other appellees.

Judgment affirmed.

Mr. JUSTICE UNDERWOOD delivered the opinion of the court:

This action was initiated in the circuit court of Du Page County by Belmar Drive-in Theatre Company to recover damages to its business allegedly caused by bright lights emanating from a toll-road service center, or "oasis," located on the Northwest Tollway adjacent to plaintiff's outdoor movie theatre. Named as defendants were the Illinois...

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