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SWIM CLUB OF ROCKFORD, LTD. v. CITY OF ROCKFORD

No. 84-0247.

130 Ill. App.3d 353 (1985)

473 N.E.2d 1375

SWIM CLUB OF ROCKFORD, LTD., et al., Plaintiffs-Appellees, v. THE CITY OF ROCKFORD, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed January 31, 1985.

Attorney(s) appearing for the Case

Charles E. Box and Kathleen Elliott, both of City of Rockford Department of Law, of Rockford, for appellant.

David L. Martenson and Peter B. Nolte, both of Martenson, Alexander, Cicero & Nolte, of Rockford, for appellees.

Affirmed in part and vacated in part.

PRESIDING JUSTICE NASH delivered the opinion of the court:

Defendant, city of Rockford, appeals from a declaratory judgment granting the request by plaintiffs, Swim Club of Rockford, Inc., and John S. Combs, for authority to dispense alcoholic liquor on plaintiffs' premises and declaring defendant's zoning ordinance unconstitutional and void insofar as it denied such use of plaintiff's property. The city of Rockford contends...

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