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DURYEA v. CITY OF ROLLING MEADOWS

Gen. No. 53,017.

119 Ill. App.2d 445 (1970)

256 N.E.2d 32

Richard Duryea and Kathryn Duryea, His Wife, and Socony Mobil Oil Company, Inc., a Corporation, Plaintiffs-Appellees, v. The City of Rolling Meadows, a Municipal Corporation, Defendant-Appellant.

Appellate Court of Illinois — First District, Fourth Division.

January 21, 1970.

Attorney(s) appearing for the Case

Donald M. Rose, Moriarty, Rose, Faccenda & Hultquist, of Chicago, for appellant.

Brown, Dashow, Langeluttig, Arons & Doran, of Chicago (Norman H. Arons, of counsel), for appellees.

MR. JUSTICE DRUCKER delivered the opinion of the court.

The defendant, City of Rolling Meadows, appeals from a judgment declaring that its zoning ordinance is unconstitutional as applied to plaintiffs' property and ordering the issuance of a permit for the construction of a gasoline service station on this property.

During the trial the judge summarily terminated the presentation of evidence by the defendant...

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