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OUR SAV. EV. LUTH. CHURCH v. CITY OF NAPERVILLE

No. 2-88-0996.

186 Ill. App.3d 988 (1989)

542 N.E.2d 1158

OUR SAVIOUR'S EVANGELICAL LUTHERAN CHURCH OF NAPERVILLE, Plaintiff-Appellant, v. THE CITY OF NAPERVILLE, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed August 1, 1989.

Attorney(s) appearing for the Case

John F. Philipchuck, of Dommermuth, Brestal, Cobine, Roth & West, of Naperville (Craig J. Cobine, of counsel), for appellant.

Ancel, Glink, Diamond, Murphy & Cope, P.C., and Judith N. Kolman, of Joseph, Susman & Myers, both of Chicago (Marvin J. Glink, of counsel), for appellee.

Walter C. Ramm, of Wilmette, for amicus curiae Metropolitan Chicago Synod of the Evangelical Lutheran Church.

John W. Pleta, of Stinespring, Lambert, Schroeder & Associates, of Chicago, for amicus curiae Northern Illinois Annual Conference of the United Methodist Church.

Reversed and remanded.

JUSTICE NASH delivered the opinion of the court:

Plaintiff, Our Saviour's Evangelical Lutheran Church of Naperville (Church), appeals from a declaratory judgment that defendant, the City of Naperville, lawfully rejected the Church's request for a conditional-use permit to add property to its parking lot.

A trial was held in this action where plaintiff sought declaratory judgment and injunctive relief against Naperville. At the...

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