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O'FALLON DEVELOPMENT CO. v. CITY OF O'FALLON

No. 78-331.

71 Ill. App.3d 220 (1979)

389 N.E.2d 677

O'FALLON DEVELOPMENT COMPANY, INC., Plaintiff-Appellee, v. THE CITY OF O'FALLON, Defendant-Appellee. — (ST. CLAIR SQUARE, INC., Intervenor-Appellant.)

Appellate Court of Illinois — Fifth District.

Opinion filed May 9, 1979.

Attorney(s) appearing for the Case

Gundlach, Lee, Eggmann, Boyle & Roessler, of Belleville, and Lewis, Rice, Tucker, Allen & Chubb, of St. Louis, Missouri (Richard E. Boyle and Dominic Troiani, of counsel), for appellant.

Joel V. Merkel, of O'Fallon, for appellee City of O'Fallon.

Frederick J. Hess, of Belleville, for appellee O'Fallon Development Company.

Order affirmed as modified.

Mr. JUSTICE JONES delivered the opinion of the court:

St. Clair Square, Inc., appeals from an order for injunction of the circuit court of St. Clair County in favor of O'Fallon Development Co., Inc., plaintiff-appellee, enjoining the city of O'Fallon from continuing to display on a water tower owned by the city commercial advertising consisting of commercial emblems representing the St. Clair Square shopping center and the words...

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