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PEOPLE v. CITY OF CHICAGO

Gen. No. 54,583.

127 Ill. App.2d 280 (1970)

262 N.E.2d 256

The People of the State of Illinois ex rel. The Oak Park National Bank, a National Banking Association, as Trustee of Trust 8484, Anthony Rappolo and Robert W. Prendergast, Relators-Appellees, v. City of Chicago, a Municipal Corporation, and Joseph Fitzgerald, Commissioner of Buildings of the City of Chicago, Respondents-Appellants.

Appellate Court of Illinois — First District, Third Division.

July 16, 1970.

Attorney(s) appearing for the Case

Raymond F. Simon, Corporation Counsel of City of Chicago, for appellants.

J.J. O'Toole, of Chicago, for appellees.

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

The plaintiffs were granted a writ of mandamus compelling the City of Chicago to issue a permit for a multiple-family building they intended to erect in Chicago. The proposed building was in conformity with the applicable zoning ordinance, but the City refused to issue the permit on the ground that an amendment to the ordinance was pending in the City Council which, if passed, would prevent the construction...

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