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ROSS v. CITY OF GENEVA

No. 49227.

71 Ill.2d 27 (1978)

373 N.E.2d 1342

R. HERBERT ROSS, Appellee, v. THE CITY OF GENEVA, Appellant.

Supreme Court of Illinois.

Rehearing denied March 30, 1978.

Attorney(s) appearing for the Case

Ancel, Glink, Diamond & Murphy, of Chicago (Marvin J. Glink and John B. Murphy, of counsel), for appellant.

Reid, Ochsenschlager, Murphy and Hupp, of Aurora (Timothy J. Reuland, Charles F. Thompson, Jr., and William C. Murphy, of counsel), for appellee.

Puckett, Barnett, Larson, Mickey, Wilson & Ochsenschlager, of Aurora (Peter K. Wilson, Jr., of counsel), for amicus curiae Geneva Chamber of Commerce.

Judgment affirmed.

MR. JUSTICE GOLDENHERSH delivered the opinion of the court:

Plaintiff, R. Herbert Ross, filed this action in the circuit court of Kane County against the defendant, the city of Geneva, "on behalf of himself and others similarly situated" seeking a declaratory judgment that certain of defendant's ordinances "be declared unlawful, invalid, void and beyond the [defendant's] statutory authority * * * and in violation of Plaintiffs' [constitutional...

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