ST. JAMES TEMPLE v. BOARD OF APPEALS

Gen. No. 52,220.

100 Ill. App.2d 302 (1968)

241 N.E.2d 525

St. James Temple of the A.O.H. Church of God, Inc., a Religious Corporation, James Johnson, as Its Minister, Willie Watson, and Willie B. Carter, Plaintiffs-Appellants, v. The Board of Appeals of the City of Chicago, B. Emmet Hartnett, Earl J. McMahon, Hubert F. Messe, Karl M. Vitzthum, and John P. Kringas, as Its Members, the Department of Buildings, City of Chicago, Sidney Smith, Commissioner of Buildings of the City of Chicago, the Bureau of Zoning of the City of Chicago, John P. Maloney, Zoning Administrator of the City of Chicago, and the City of Chicago, a Municipal Corporation, Defendants-Appellees.

Appellate Court of Illinois — First District, Second Division.

Rehearing denied November 8, 1968.


Attorney(s) appearing for the Case

Morgan, Halligan, Lanoff & Cook, of Chicago (Samuel M. Lanoff and Philip L. Bransky, of counsel), for appellants.

Raymond F. Simon, Corporation Counsel, of Chicago (Marvin E. Aspen, Assistant Corporation Counsel, and Harry H. Pollack, Special Assistant Corporation Counsel, of counsel), for appellees.


MR. JUSTICE McNAMARA delivered the opinion of the court.

This is an appeal by plaintiff from an order of the trial court affirming the decision of the Board of Appeals of the City of Chicago denying a special use permit for a church at 856 West 79th Street, Chicago. The case originally was appealed directly to the Supreme Court which transferred it to this court. The transfer order of the Supreme Court stated in part: "Although plaintiff claims that there is a question...

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