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CLARK OIL & REFIN. CORP. v. VILLAGE OF TINLEY PARK

Gen. No. 53,239.

110 Ill. App.2d 61 (1969)

249 N.E.2d 140

Clark Oil and Refining Corporation, a Wisconsin Corporation, Plaintiff-Appellee, v. Village of Tinley Park, a Municipal Corporation, et al., Defendants-Appellants.

Appellate Court of Illinois — First District, Third Division.

April 24, 1969.

Attorney(s) appearing for the Case

Matthew J. Beemstrerboer, Brunswick, Beemstrerboer & Jemilo, of Blue Island, and Stanley T. Kusper, Jr., of Chicago, for appellants.

Lyle E. Nelson, of Tinley Park, for appellee.

MR. JUSTICE DEMPSEY delivered the opinion of the court.

The plaintiff, Clark Oil and Refining Corporation, sought a writ of mandamus to compel the defendant, the Village of Tinley Park, to issue a permit to construct a gasoline station. The court issued the writ and the Village appeals. It contends that the court erred in voiding only part of an invalid ordinance and in not finding the plaintiff's application for the permit deficient.

The plaintiff applied...

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