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MALMAN v. VILLAGE OF LINCOLNWOOD

Gen. No. 53,064.

113 Ill. App.2d 350 (1969)

252 N.E.2d 86

Bertha Malman, et al., Plaintiffs-Appellees, v. Village of Lincolnwood, a Municipal Corporation, Defendant-Appellant, Michael Bespalko and Harold Weinstein, Intervenors.

Appellate Court of Illinois — First District.

August 1, 1969.

Attorney(s) appearing for the Case

Ancel, Stonesifer & Glink, of Chicago (Louis Ancel, Marvin J. Glink and Howard J. Siegel, of counsel), for appellant.

Maurice J. Nathanson, of Chicago (Paul Peter Black, of counsel), for appellees.

MR. JUSTICE SMITH delivered the opinion of this court.

Plaintiffs filed their action for declaratory judgment seeking to invalidate the R-3 single-family zoning of ten lots located on Touhy Avenue between Tripp and Kildare Avenues in the Village of Lincolnwood. Plaintiffs sought to use the property for a commercial use. Defendant answered the complaint, evidence on behalf of the plaintiffs was heard, and at the close of this evidence the court granted the defendant...

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