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MOIST v. COUNTY OF DU PAGE

No. 71-357.

10 Ill. App.3d 473 (1973)

294 N.E.2d 316

HAROLD C. MOIST et al., Plaintiffs-Appellants, v. THE COUNTY OF DU PAGE, Defendant-Appellee.

Appellate Court of Illinois — Second District.

March 23, 1973.

Attorney(s) appearing for the Case

Rathje, Woodward, Dyer & Burt, of Wheaton, for appellants.

William V. Hopf, State's Attorney, of Wheaton, (Malcolm F. Smith, Assistant State's Attorney, of counsel,) for appellee.

Reversed and remanded.

Mr. JUSTICE ABRAHAMSON delivered the opinion of the court:

This is an appeal from a judgment declaring the provisions of the zoning ordinance of Du Page County valid as it applies to plaintiffs' land located at the northwest corner of Illinois Routes 53 and 56 classified R-2 (single family residential).

Plaintiffs contracted to sell their property to Yale Development Co. subject to the condition that it be rezoned for use as...

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