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SCHIFFER v. VILLAGE OF WILMETTE

Gen. No. 52,872.

105 Ill. App.2d 80 (1969)

245 N.E.2d 143

Victor E. Schiffer and Donna E. Schiffer, His Wife, Mattie D. Tighe, and Texaco, Inc., a Corporation, Plaintiffs-Appellees, v. The Village of Wilmette, a Body Politic and Corporate, Defendant-Appellant.

Appellate Court of Illinois — First District, First Division.

January 13, 1969.

Attorney(s) appearing for the Case

Robert J. Mangler, Corporation Counsel, of Wilmette, for appellant.

Melvin A. Weinstein, of Chicago, for appellees.

MR. JUSTICE MURPHY delivered the opinion of the court.

Defendant Village appeals from a declaratory judgment order, which found that the provisions of the Wilmette Zoning Ordinance (as amended) constituted an "unconstitutional deprivation of the plaintiffs' property." The Village was ordered to issue necessary permits for the construction of a gasoline station subject to all of the applicable Village ordinances.

On appeal, the Village contends:

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