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DuPAGE TRUST CO. v. CITY OF WHEATON

No. 74-405.

38 Ill. App.3d 159 (1976)

347 N.E.2d 752

DuPAGE TRUST COMPANY, Trustee, Plaintiff-Appellee, v. THE CITY OF WHEATON, Defendant-Appellant.

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

Opinion filed May 19, 1976.

Attorney(s) appearing for the Case

Gerald J. Brooks, of Fawell, James & Brooks, of Naperville, for appellant.

Ralph Dichtl, of Wheaton, for appellee.

Judgment affirmed.

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

This appeal arises out of a zoning dispute between the plaintiff, record owner of the property in question, and defendant, the City of Wheaton. Defendant denied plaintiff's sought rezoning and plaintiff filed for declaratory judgment on the basis that defendant's current zoning was unconstitutional and void as to the subject property. The petition was granted and the...

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