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REEDY v. CITY OF WHEATON

No. 81-110.

102 Ill. App.3d 1082 (1981)

430 N.E.2d 273

JAMES P. REEDY et al., Plaintiffs-Appellees, v. THE CITY OF WHEATON, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed December 21, 1981.

Attorney(s) appearing for the Case

Edward J. Walsh, Jr., of Huck and Walsh, of Wheaton, for appellant.

Keith E. Roberts, Rodney W. Equi, and Kristine A. Karlin, all of Donovan & Roberts, P.C., of Wheaton, for appellees.

Affirmed in part and reversed in part.

PRESIDING JUSTICE SEIDENFELD delivered the opinion of the court:

Plaintiffs sought a declaratory judgment permitting the building of a "Citgo" gasoline service station and a "Quik-Mart" grocery store under a special use provision of the Wheaton zoning ordinance. In count I plaintiffs alleged that the zoning ordinance was unconstitutional as applied to their property; in count II, that it was unconstitutional on its face...

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