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CHICAGO TITLE & T. v. VIL. OF MT. PROSPECT

No. 76-1037.

63 Ill. App.3d 223 (1978)

379 N.E.2d 901

CHICAGO TITLE AND TRUST COMPANY, Trustee, Plaintiff-Appellant, v. THE VILLAGE OF MOUNT PROSPECT, Defendant-Appellee.

Appellate Court of Illinois — First District (3rd Division).

Rehearing denied September 7, 1978.

Attorney(s) appearing for the Case

Lommen D. Eley, of Eley & Koch, of Chicago, for appellant.

John J. Zimmermann, of Mt. Prospect, for appellee.

Judgment affirmed.

Miss JUSTICE McGILLICUDDY delivered the opinion of the court:

The plaintiff, the Chicago Title and Trust Company as trustee, appeals from an order of the Circuit Court of Cook County dismissing its complaint for declaratory judgment. The complaint challenged the validity of the zoning ordinance of the defendant, the Village of Mount Prospect, insofar as the ordinance restricted the use of real property held by the plaintiff to the construction...

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