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OPTY'S AMOCO, INC. v. VILLAGE OF SOUTH HOLLAND

Nos. 1-89-2691, 1-89-2908 and 1-89-3049.

568 N.E.2d 260 (1991)

209 Ill. App.3d 473

154 Ill.Dec. 260

OPYT'S AMOCO, INC.; I-80 Investments Company, d/b/a Truck-O-Mat; Linge, Ltd., d/b/a Calumet Auto Truck Plaza; Kar Kleen Kwick Stop, Inc., d/b/a Kar Kleen Car Wash; and George Graske, d/b/a Quick Six Amoco, Plaintiffs-Appellants, v. VILLAGE OF SOUTH HOLLAND, a municipal corporation, Harold Gouwens, Bert Docter, William McCarthy, Eugene Prystalski, Warren Teichler, Earl Gossett, and Richard Zimmerman, Defendants-Appellees. VILLAGE OF SOUTH HOLLAND, a municipal corporation, Plaintiff-Appellee, v. Robert WHITE, agent for Kar Kleen Car Wash, Defendant-Appellant. VILLAGE OF SOUTH HOLLAND, Plaintiff-Appellee, v. GEORGE'S AMOCO GAS STATION and its agents George and Judy Graske; Calumet Auto Truck Plaza, and its agents Gene Suppelsa and Michael Lavieri; Robert White, agent for Kar Kleen Car Wash; Opyt's Amoco Gas Station and its agent Daniel Opyt, Defendants-Appellants.

Appellate Court of Illinois, First District, Third Division.

January 30, 1991.

Attorney(s) appearing for the Case

Bruce M. Bozich, Clifford Lee Gunter, The Law Offices of Bruce M. Bozich, South Holland, for defendants-appellants.

Buikema, Hiskes, Dillner, O'Donnell and Marovich, Ltd., South Holland, Michael J. Marovich, Ronald Buikema, for plaintiff-appellee.

Presiding Justice CERDA delivered the opinion of the court:

This consolidated appeal concerns the constitutionality of the Village of South Holland's ordinance prohibiting certain business activities on Sundays. The ordinance challenged consists of sections 9-3(a), 9-3(b), 9-3(c), 9-3(d), and 9-3(e) of chapter 9 of article I of the Code of the Village of South Holland.

I. No. 1-89-2691

Plaintiffs, Opyt's Amoco, Inc. (Opyt's), I-80 Investments...

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