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JOHNSTON v. CITY OF GENEVA

No. 74-250.

37 Ill. App.3d 578 (1976)

346 N.E.2d 444

BETTY KERN JOHNSTON, Plaintiff-Appellant, v. THE CITY OF GENEVA, Defendant-Appellee.

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

Modified upon denial of rehearing June 4, 1976.

Attorney(s) appearing for the Case

Gates W. Clancy, of Geneva, for appellant.

Johnson & Marshall, of Wheaton, for appellee.

Reversed and remanded.

Mr. PRESIDING JUSTICE GUILD delivered the opinion of the court as modified upon denial of petition for rehearing:

The plaintiff herein brought a declaratory judgment action seeking to declare the City of Geneva's zoning ordinance unconstitutional as applied to her property. She further contended that the City Council's action in denying her petition for rezoning of her property from R-3 Multiple-family Residential to B-1 Business classification...

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