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WHEELING T. & SAV. v. VIL. OF MT. PROSPECT

No. 77-682.

64 Ill. App.3d 1038 (1978)

382 N.E.2d 128

WHEELING TRUST & SAVINGS BANK, Trustee, Plaintiff-Appellant, v. THE VILLAGE OF MOUNT PROSPECT, Defendant-Appellee. — (ROBERT M. BARRETT et al., Intervenors-Defendants-Appellees.)

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

Opinion filed September 26, 1978.

Attorney(s) appearing for the Case

Erwin W. Jentsch, of Di Leonardi & Jentsch, Ltd., of Des Plaines, for appellant.

Robert M. Karton, of Kreger & Karton, Ltd., of Chicago, for appellees Robert M. Barrett et al.

Reversed and remanded.

Mr. JUSTICE BROWN delivered the opinion of the court:

Plaintiff, as trustee under a land trust agreement, filed a complaint which sought a declaration that the zoning ordinance of the defendant Village was unconstitutional as applied to its property. After remand of the first appeal arising from this cause (Wheeling Trust & Savings Bank v. Village of Mount Prospect (1st Dist. 1975), 29 Ill.App.3d 539<...

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