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SCHMEISSER v. VILLAGE OF NILES

Gen. No. 52,578.

113 Ill. App.2d 114 (1969)

251 N.E.2d 784

Herbert Schmeisser and Sandra Schmeisser, His Wife, and Lee Strubing and Kay Strubing, His Wife, Plaintiffs-Appellants, v. Village of Niles, a Body Politic and Corporate, Defendant-Appellee.

Appellate Court of Illinois — First District.

July 11, 1969.

Attorney(s) appearing for the Case

McLennon, McLennon & Nelson, of Park Ridge (Leo F. McLennon, of counsel), for appellants.

Jack M. Siegel, Ross, Hardies, O'Keefe, Babcock, McDugald & Parsons, and James R. Sneider, of Chicago (Jack M. Siegel, of counsel), for appellee.

TRAPP, P.J.

Plaintiffs' action sought to have the zoning ordinance of the defendant Village and the ordinance provisions for "special uses" within the business zoning classifications declared unconstitutional and void, and also sought to have the ordinance declared void as applicable to the land of the plaintiffs. The trial court approved the Master's report which recommended dismissing the action for want of equity, entered judgment for the defendant and taxed the...

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