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SCHWINGE v. VILLAGE OF NILES

Gen. No. 51,303.

101 Ill. App.2d 406 (1968)

243 N.E.2d 255

Herman L. Schwinge, Plaintiff-Appellee, v. The Village of Niles, a Municipal Corporation, Defendant-Appellant.

Appellate Court of Illinois — First District, Second Division.

October 29, 1968.

Attorney(s) appearing for the Case

George D. Karcazes, John A. Doyle, and James R. Sneider, of Chicago (George D. Karcazes, of counsel), for appellant.

Bernstein & Ganellen, of Chicago (Sol H. Ganellen and Glenn A. McTavish, of counsel), for appellee.

MR. JUSTICE McNAMARA delivered the opinion of the court.

The Village of Niles appeals from a declaratory decree which adopted the findings of a master in chancery that plaintiff's subject real estate was partly zoned R-4 multiple-family residential and partly zoned B-1 retail business, and further that the B-1 classification of the property was arbitrary, unreasonable, discriminatory and confiscatory. The decree orders that the portion of the

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