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ROSEHILL CEMETERY CO. v. CITY OF CHICAGO

No. 82-198.

114 Ill. App.3d 277 (1983)

448 N.E.2d 930

ROSEHILL CEMETERY COMPANY, Plaintiff-Appellee, v. THE CITY OF CHICAGO, Defendant-Appellant. — (Arcadia Terrace et al., Intervening Defendants.)

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

Opinion filed April 18, 1983.

Attorney(s) appearing for the Case

Stanley Garber, Corporation Counsel, of Chicago (Jerome A. Siegan and Philip L. Bronstein, Assistant Corporation Counsel, of counsel), for appellant.

Robert Marks, of Marks, Marks and Kaplan, Ltd., of Chicago, for appellee.

Judgment affirmed.

JUSTICE McGLOON delivered the opinion of the court:

The city of Chicago appeals from a judgment declaring an amendatory zoning ordinance void. On appeal, the city contends the judgment is against the manifest weight of the evidence.

We affirm.

On November 7, 1980, plaintiff Rosehill Cemetery Company filed a declaratory judgment action against the city of Chicago challenging a zoning amendment which reclassified a portion...

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