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KELLETT v. COUNTY OF DU PAGE

Gen. No. 67-88.

89 Ill. App.2d 437 (1967)

231 N.E.2d 706

Thaddeus A. Kellett and Della Kellett, His Wife, and Robert B. Smyth and Wilda E. Smyth, His Wife, Plaintiffs-Appellants, v. The County of Du Page, Defendant-Appellee.

Appellate Court of Illinois — Second District.

December 7, 1967.

Attorney(s) appearing for the Case

Leonard Bosgraf, of Chicago, for appellant.

William V. Hopf, State's Attorney of Du Page County, of Wheaton, and Kevin P. Connelly, Assistant State's Attorney, for appellee.

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

This is an appeal by the plaintiffs from an adverse ruling by the trial court, after a bench trial, on their complaint for declaratory judgment, which sought to have the defendant's zoning ordinance declared invalid as applied to their property.

The plaintiffs' property, which is located in an unincorporated area of Du Page County, is presently zoned for single-family residence, but is used as...

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