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PARKVIEW COLONIAL MANOR INV. CORP. v. BD. OF ZONING APPEALS

No. 78-240.

70 Ill. App.3d 577 (1979)

388 N.E.2d 877

PARKVIEW COLONIAL MANOR INVESTMENT CORPORATION, Plaintiff-Appellee, v. BOARD OF ZONING APPEALS OF THE CITY OF O'FALLON, Defendant-Appellant. — (DAVID DANIELS et al., Intervening Defendants-Appellants.)

Appellate Court of Illinois — Fifth District.

Opinion filed March 22, 1979.

Attorney(s) appearing for the Case

Timothy P. Fleming, of O'Fallon, for appellant Board of Zoning Appeals of the City of O'Fallon.

Harry J. Sterling, of Sterling & Reed, of Fairview Heights, for appellants David Daniels et al.

Churchill, Nester & McDonnell, of Belleville (Joseph B. McDonnell, of counsel), for appellee.

Judgment reversed.

Mr. PRESIDING JUSTICE GEORGE J. MORAN delivered the opinion of the court:

Defendant, Board of Zoning Appeals of the City of O'Fallon, Illinois (Board), and intervening defendants David and Genevieve Daniels et al. appeal from an order of the circuit court of St. Clair County requiring the Board to issue a special use permit to the plaintiff, Parkview Colonial Manor Investment Corporation.

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