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HAZDRA HOMES, INC. v. COUNTY OF DU PAGE

No. 72-346.

27 Ill. App.3d 685 (1975)

326 N.E.2d 561

HAZDRA HOMES, INC., Plaintiff-Appellee, v. THE COUNTY OF DU PAGE, Defendant-Appellant. — (EDWARD S. BISHOP, JR., et al., Intervenors-Appellants.)

Appellate Court of Illinois — Second District (1st Division).

April 16, 1975.

Attorney(s) appearing for the Case

John J. Bowman, State's Attorney, of Wheaton (Frank J. Petru, Assistant State's Attorney, of counsel), for appellant Du Page County.

Hooper, Bowers, & Carney, of Downers Grove, and Arthur H. Anderson, of Tenney & Bentley, of Chicago, for appellant Edward S. Bishop.

Frank S. Righeimer, Jr., and Terrence R. Berwanger, both of Righeimer, Righeimer, & Martin, of Chicago for appellee.

Reversed in part; appeal dismissed in part.

Mr. JUSTICE GUILD delivered the opinion of the court:

On April 5, 1972, the plaintiff, Hazdra Homes, Inc., filed a complaint for declaratory judgment asking the trial court to declare the Du Page County Zoning Ordinance void and unconstitutional as applied to the property therein described. By leave of court the property owners adjacent to, or in the nearby vicinity of, the proposed planned-unit development were...

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