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DROGOS v. VILLAGE OF BENSENVILLE

No. 80-622.

100 Ill. App.3d 48 (1981)

426 N.E.2d 1276

FRANK G. DROGOS et al., Plaintiffs-Appellees, v. THE VILLAGE OF BENSENVILLE, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Modified on denial of rehearing October 8, 1981.

Attorney(s) appearing for the Case

Ray F. Fick, Jr., and George P. Harris, both of McNeill, McElroy, Fick & Singer, of Chicago, for appellant.

Daniel L. Houlihan, William J. Hennessy, and James F. Stack, all of Chicago, for appellees.

Judgment reversed.

Mr. JUSTICE UNVERZAGT delivered the opinion of the court:

This appeal arises from an order of the circuit court of Du Page County which declared that the zoning ordinance of the defendant, village of Bensenville, was unconstitutional insofar as it applied to plaintiffs' property. In ordering the village of Bensenville to issue building permits for the erection of a proposed gasoline filling station on the subject property, the trial court...

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