CLEYS v. VILLAGE OF PALATINE

No. 79-1554.

89 Ill. App.3d 630 (1980)

411 N.E.2d 1161

FLORIAN CLEYS, JR., Plaintiff-Appellee, v. THE VILLAGE OF PALATINE, Defendant-Appellant.

Appellate Court of Illinois — First District (5th Division).

Rehearing denied November 12, 1980.


Attorney(s) appearing for the Case

Bradley M. Glass, G. Kent Yowell, and Everette M. Hill, Jr., all of Northbrook (Littlejohn, Glass & Yowell, Ltd., of counsel), for appellant.

Schain & Burney, of Chicago (Jerome S. Schain, Thomas R. Burney, Robert C. Kenny, and Daniel H. Brown, of counsel), for appellee.


Judgment reversed.

Mr. JUSTICE MEJDA delivered the opinion of the court:

Defendant appeals from an order of the trial court which granted plaintiff the use of 35 feet of a buffer zone in contravention of defendant's zoning ordinance, enjoined defendant from enforcing the provisions of the ordinance, and provided for certain other relief. Defendant contends that (1) plaintiff failed to prove by clear and convincing evidence that the ordinance was invalid; ...

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