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CONCERNED CITIZENS FOR McHENRY, INC. v. CITY OF McHENRY

No. 78-164.

76 Ill. App.3d 798 (1979)

395 N.E.2d 944

CONCERNED CITIZENS FOR McHENRY, INC., et al., Plaintiffs-Appellants, v. THE CITY OF McHENRY et al., Defendants-Appellees.

Appellate Court of Illinois — Second District.

Modified on denial of rehearing October 31, 1979.

Attorney(s) appearing for the Case

Gordon, Schaefer & Gordon, of Chicago, for appellants.

James E. Berner, of Caldwell, Berner & Caldwell, of Woodstock, and Bernard V. Narusis, of Narusis and Narusis, of Cary, for appellees.

Judgment reversed.

Mr. PRESIDING JUSTICE GUILD delivered the opinion of the court:

This matter concerns a challenge to the validity of the rezoning of an approximately 6-acre plot of undeveloped land located immediately east of Illinois Route 31 and immediately north of the southern limits of the city of McHenry. The property is rectangular in shape and fronts Route 31 for 817 feet and is 316 feet in depth. It was annexed to the city of McHenry in 1959 and...

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