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SWAIN v. COUNTY OF WINNEBAGO

Gen. No. 69-2.

111 Ill. App.2d 458 (1969)

250 N.E.2d 439

Wilbur E. Swain, Individually, and as Class Representative of Members of Central City Council, an Illinois Corporation, and Central City Council, an Illinois Corporation, Plaintiffs-Appellants, v. County of Winnebago, Illinois, David W. Johnson and Helga S. Johnson, and Gunnard R. Olson and Myrtle A. Olson, Defendants-Appellees.

Appellate Court of Illinois — Second District.

August 19, 1969.

Attorney(s) appearing for the Case

Maynard and Brassfield, of Rockford, for appellants.

Alfred W. Cowan, Jr., Special Assistant State's Attorney, of Rockford, and Reno, Zahm, Folgate and Skolrood, of Rockford, for appellees.

MR. PRESIDING JUSTICE DAVIS delivered the opinion of the court.

This is a declaratory judgment action brought to challenge the validity of a zoning ordinance adopted by the Winnebago County Board of Supervisors, which ordinance rezoned the property of the defendants, David W. Johnson, Helga S. Johnson, Gunnard R. Olson and Myrtle A. Olson, to permit the construction of a shopping center. The plaintiffs' amended complaint was dismissed and they have appealed.

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