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CHICAGO T. & TR. v. CHICAGO

Gen. No. 52,585.

130 Ill. App.2d 45 (1970)

264 N.E.2d 730

Chicago Title & Trust Company, as Trustee Under Trust No. 47788, Plaintiff-Appellee, v. City of Chicago, a Municipal Corporation, Defendant-Appellant.

Appellate Court of Illinois — First District, Third Division.

October 15, 1970.

Attorney(s) appearing for the Case

Raymond F. Simon, Corporation Counsel of City of Chicago (Marvin E. Aspen and Joseph N. Lascaro, Assistant Corporation Counsel, of counsel), for appellant.

Don J. Rizzi, of Chicago, for appellee.

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

This is a declaratory judgment action in which the plaintiff seeks to construct an apartment building prohibited by a zoning ordinance of the City of Chicago. The trial court found the ordinance invalid as applied to the plaintiff's property, and the City appeals.

The property is held in trust and the beneficial interest is owned by a practicing attorney of wide experience in real estate appraisals...

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