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PEOPLE EX REL. SHELL OIL CO. v. TOWN OF CICERO

No. 56448.

11 Ill. App.3d 900 (1973)

298 N.E.2d 9

THE PEOPLE ex rel. SHELL OIL CO. et al., Petitioners-Appellees, v. THE TOWN OF CICERO et al., Respondents-Appellants.

Appellate Court of Illinois — First District (5th Division).

May 11, 1973.

Attorney(s) appearing for the Case

Neistein, Richman, Hauslinger & Young, Ltd., of Chicago, (Harry A. Young, Jr., Allen C. Engerman, and Robert J. Lifton, of counsel,) for appellants.

Albert E. Jenner, Jr., Thomas W. McNamara, and Russell J. Hoover, all of Chicago, (Jenner & Block, of counsel,) for the People.

Judgment reversed.

Mr. PRESIDING JUSTICE DRUCKER delivered the opinion of the court:

Petitioners filed an action for a writ of mandamus asking that respondents be compelled to issue them a building permit for the construction of a gas station at the northeast corner of Central and Cermak in Cicero, Illinois. After a bench trial the court entered judgment issuing the writ, and respondents appeal therefrom.

On appeal respondents contend that: (1) petitioners...

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