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SMITH v. COUNTY BD. OF MADISON COUNTY

No. 79-530.

86 Ill. App.3d 708 (1980)

408 N.E.2d 452

JOSEPH C. SMITH, Plaintiff-Appellee, v. THE COUNTY BOARD OF MADISON COUNTY et al., Defendants-Appellants. — (JAMES R. HEIL et al., Defendants.)

Appellate Court of Illinois — Fifth District.

Opinion filed July 28, 1980.

Attorney(s) appearing for the Case

Nicholas G. Byron, State's Attorney, of Edwardsville (Al J. Pranaitis, Special Assistant State's Attorney, of counsel), for appellants.

Ronald C. Mottaz, of Thomas, Mottaz & Eastman, of Alton, for appellee.

Affirmed in part and reversed in part.

Mme JUSTICE SPOMER delivered the opinion of the court:

Defendants, County Board of Madison County (County Board), Madison County Zoning Board of Appeals (Zoning Board), and Jack R. Clifford, secretary, appeal from a declaratory judgment of the circuit court finding the county's zoning ordinance unconstitutional and void as applied to a 40-acre parcel of land in Godfrey Township. Plaintiff Joseph C. Smith has filed a cross...

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