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VILLAGE OF OAK LAWN v. MARCOWITZ

No. 53765.

86 Ill.2d 406 (1981)

427 N.E.2d 36

THE VILLAGE OF OAK LAWN, Appellant, v. STEWART MARCOWITZ, Appellee.

Supreme Court of Illinois.

Modified on denial of rehearing October 19, 1981.

Attorney(s) appearing for the Case

Klein, Thorpe & Jenkins, Ltd., of Chicago (Gerald E. Dempsey and Sarah A. Hansen, of counsel), for appellant.

Lapat & Sokolow, Ltd., of Chicago (Michael Lapat and David Sokolow, of counsel), for appellee.

Reversed and remanded.

MR. JUSTICE UNDERWOOD delivered the opinion of the court:

Plaintiff, the village of Oak Lawn, filed a complaint in the circuit court of Cook County charging the defendant, Dr. Stewart Marcowitz, with operating an ambulatory surgical treatment center without a license in violation of a village ordinance. Dr. Marcowitz moved to dismiss, alleging the ordinance was unconstitutional, and the trial judge so held. We allowed the village's motion...

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