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SCHLUETER v. COUNTY OF ST. CLAIR

No. 72-305.

19 Ill. App.3d 470 (1974)

311 N.E.2d 735

FLOYD SCHLUETER et al., Plaintiffs-Appellees, v. COUNTY OF ST. CLAIR, Defendant-Appellant — (MRS. DALE HELMS et al., Intervening Defendants-Appellants.)

Appellate Court of Illinois — Fifth District.

May 15, 1974.

Attorney(s) appearing for the Case

Freeark, Gunn & Harvey, of Belleville (Ted Harvey, Jr., of counsel), for appellants Mrs. Dale Helms et al.

Robert H. Rice, State's Attorney, of Belleville (Eugene H. Widman, Assistant State's Attorney, of counsel), for appellant County of St. Clair,

Karns, Starnes, Nester & Stegmeyer, of Belleville (John M. Karns, of counsel), for appellees.

Judgment affirmed.

Mr. PRESIDING JUSTICE GEORGE J. MORAN delivered the opinion of the court:

Defendants appeal from a declaratory judgment which held the zoning ordinance of St. Clair County unconstitutional and void in its application to plaintiffs' property prohibiting its use as a sanitary landfill.

After plaintiffs' petition to re-zone the real estate in question was denied by the St. Clair County Board of Supervisors, the plaintiffs filed this...

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