EXCHANGE NAT'L BANK v. CITY OF DES PLAINES

No. 59671.

32 Ill. App.3d 722 (1975)

336 N.E.2d 8

THE EXCHANGE NATIONAL BANK OF CHICAGO, Trustee, Plaintiff-Appellee, v. THE CITY OF DES PLAINES, Defendant-Appellant. — (CHURCH OF THE MASTER-UNITED CHURCH OF CHRIST et al., Intervenors.)

Appellate Court of Illinois — First District (2nd Division).

September 16, 1975.


Attorney(s) appearing for the Case

Robert J. Di Leonardi, of Des Plaines, for appellant.

Maurice J. Nathanson and Frank Martoccio, of Chicago (Levin & Novoselsky, of counsel), for appellee.


Judgment reversed.

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

Exchange National Bank (plaintiff), after a hearing without a jury, obtained a judgment against the City of Des Plaines (defendant) declaring invalid, as applied to plaintiff's property, defendant's single-family zoning regulation and a private subdivision restriction.

This appeal presents two major issues: first, concerning the private subdivision restriction: (a...

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