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KURR v. TOWN OF CICERO

No. 1-91-1579.

601 N.E.2d 1233 (1992)

235 Ill. App.3d 528

176 Ill.Dec. 535

Donald KURR and Roberta Kurr, Plaintiffs-Appellees. v. The TOWN OF CICERO, an incorporated township, Henry Klosak, Town of Cicero President, and Michael Nisk, Town of Cicero Building Commissioner, Defendants-Appellants.

Appellate Court of Illinois, First District, Fifth Division.

September 25, 1992.

Attorney(s) appearing for the Case

Joseph G. Bisceglia, Robert P. Zapinski, Jenner & Block, Chicago, Dennis E. Both, Town Atty., Town of Cicero, Cicero, for defendants-appellants.

John K. Kneafsey, Stephen G. Kehoe, Nisen & Elliott, Chicago, for plaintiffs-appellees.

Justice LORENZ delivered the opinion of the court:

Defendants appeal from an order granting plaintiffs summary judgment on the mandamus count of their two-count complaint. The order required defendants to issue a certificate stating that plaintiffs' property complied with the Town of Cicero's ordinances. We consider whether the notice requirement of Cicero's certificate of compliance ordinance was mandatory, whether the building commissioner was required under...

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