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CITY OF ROLLING MEADOWS v. NATIONAL ADVERTISING CO.

No. 1-89-3080.

593 N.E.2d 551 (1991)

228 Ill. App.3d 737

170 Ill.Dec. 662

CITY OF ROLLING MEADOWS, an Illinois municipal corporation, Plaintiff-Appellee, v. NATIONAL ADVERTISING COMPANY, a Delaware corporation, Universal Outdoor, Inc., an Illinois corporation, P.K. Neuses, Inc., an Illinois corporation, First National Bank of Arlington Heights, trustee under trust agreement dated May 13, 1971, and known as trust no. A176, and Citizens Bank & Trust Company, as trustee under trust no. 66-4801, and "Unknown Owners," Defendants-Appellants.

Appellate Court of Illinois, First District, Fifth Division.

Rehearing Denied June 4, 1992.

Attorney(s) appearing for the Case

Robert C. Kenny, Schain, Firsel & Burney, Ltd., Chicago, for Universal Outdoor, Inc. and Citizens Bank & Trust Co.

Gordon & Glickson, P.C., Chicago (Sanford M. Stein, Jean Marie R. Pechette, Sarah K. Nadelhoffer, of counsel), for Nat. Advertising Co., P.K. Neuses, Inc., and First Arlington Bank of Arlington Heights, as trustee U/T # A176.

Rose & Ross, Ltd., Rolling Meadows (Donald M. Rose, Kathleen Ross, of counsel), for City of Rolling Meadows.

Presiding Justice LORENZ delivered the opinion of the court:

Following a bench trial, judgment was entered in favor of plaintiff, the City of Rolling Meadows (city), enforcing a restrictive covenant which prohibited off-premise billboards in an industrial park. Defendants now appeal and raise the following issues: (1) whether a previous Federal court action involving the city's zoning ordinance barred the present action as res judicata; (2) whether the issuance...

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