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SUPERDAWG DRIVE-IN, INC. v. CHICAGO

No. 81-1165.

109 Ill. App.3d 525 (1982)

440 N.E.2d 890

SUPERDAWG DRIVE-IN, INC., Counterplaintiff-Appellant, v. THE CITY OF CHICAGO, Counterdefendant-Appellee.

Appellate Court of Illinois — First District (1st Division).

Supplemental opinion filed on denial of rehearing November 1, 1982.

Attorney(s) appearing for the Case

William M. Brandt, John B. Wolff, and Scott Z. Berman, all of Chicago, for appellant.

Stanley Garber, Corporation Counsel, of Chicago (Robert R. Retke and Maureen J. Kelly, Assistant Corporation Counsel, of counsel), for appellee.

Reversed and remanded.

PRESIDING JUSTICE CAMPBELL delivered the opinion of the court:

An action to abate a nuisance was brought by nearby property owners against Superdawg Drive-In, Inc., and while said action was pending, the City of Chicago (City) erected a barricade which prevented the use of an alley behind the Superdawg property by Superdawg customers. Superdawg filed a third-party action against the City...

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