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JACKSON v. COUNTY OF DU PAGE

No. 71-343.

10 Ill. App.3d 497 (1973)

294 N.E.2d 773

HERBERT J. JACKSON, Individually and as Trustee Under the Will of EMILY M. JACKSON, Deceased, et al., Plaintiffs-Appellants, v. THE COUNTY OF DU PAGE, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Rehearing denied April 24, 1973.

Attorney(s) appearing for the Case

Edward Van de Houten, Jr., of Glen Ellyn, for appellants.

William V. Hopf, State's Attorney, of Wheaton, (Ralph J. Gust, Jr., and Malcolm F. Smith, Assistant State's Attorneys, of counsel,) for appellee.

Judgment affirmed.

Mr. JUSTICE THOMAS J. MORAN delivered the opinion of the court:

Plaintiffs, fee owners and contract purchasers of certain property, brought this action for declaratory judgment seeking a determination that the zoning ordinance, classifying their property as a single family residence district, was void. It is their position that they should be permitted to construct a gasoline service station and convenience food market on the site. It is...

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