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NAUMOVICH v. HOWARTH

Gen. No. 10,884.

92 Ill. App.2d 134 (1968)

234 N.E.2d 185

Joseph P. Naumovich, Administrator of the Estate of Josephine Naumovich, Deceased, and Paul F. Wanless, Plaintiffs-Appellees, v. Nelson O. Howarth, Mayor, Ines Hoffman, et al., Commissioners and/or as Local Board of Improvement, and Dwight H. O'Keefe, Jr., as Commissioner of Public Health and Safety, George Rose, et al., as Building Inspectors, Defendants-Appellants.

Appellate Court of Illinois — Fourth District.

February 15, 1968.

Attorney(s) appearing for the Case

Walter L. Oblinger, Corporation Counsel, of Springfield (W.J. Simhauser, of counsel), for appellants.

Presney and Casper, of Springfield, for appellees.

TRAPP, J.

The defendants, who represent the City of Springfield in the official capacity of Commissioners and as building inspectors, appeal from a decree of the Circuit Court directing the issuance of a building permit authorizing the construction of a gasoline service station upon property originally owned by one Josephine Naumovich, and holding void an ordinance passed subsequent to the application for the building permit, which ordinance reclassified the

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