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CITY OF BATAVIA v. ALLEN

No. 2-90-1103.

578 N.E.2d 597 (1991)

218 Ill. App.3d 545

161 Ill.Dec. 239

The CITY OF BATAVIA, Plaintiff-Appellant, v. Aleta L. ALLEN, Defendant-Appellee.

Appellate Court of Illinois, Second District.

August 30, 1991.

Attorney(s) appearing for the Case

William R. McGrath, Wheaton, for City of Batavia.

Fred M. Morelli, Jr., Law Offices of Fred M. Morelli, Jr., Aurora, Vincent C. Argento, The Law Offices of Vincent C. Argento, Elgin, for Aleta L. Allen.

Justice BOWMAN delivered the opinion of the court:

Defendant, Aleta L. Allen, was charged with violation of a Batavia, Illinois, municipal ordinance which required in part that the doors and windows of taverns remain closed during business hours. Defendant moved to dismiss the charge alleging that the ordinance was unconstitutional. The trial court agreed with defendant and declared the ordinance unconstitutional. The city appeals.

Defendant was charged with...

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