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WITHERSPOON v. CITY OF MOLINE

No. 3-91-0451.

591 N.E.2d 117 (1992)

227 Ill. App.3d 1023

169 Ill.Dec. 237

Kirk WITHERSPOON and Carol Witherspoon, Plaintiffs-Appellants, v. The CITY OF MOLINE, Illinois, an Illinois Corporation, Defendant Craig and Julie Amundsen, Bryan and Beth Bealer, Val Broene, John and Beth Smithers, Thorn and Marcia Cornells, John D. Keig, Jr., Harvey and Pat Tadewald, Jan and Sue Anne Olson, Taft and Theda Gilliam, Alfred and Mildred Smith, and Velusami and Purani Arumugam, Intervenors-Appellees.

Appellate Court of Illinois, Third District.

April 23, 1992.

Attorney(s) appearing for the Case

John W. Robertson, Barash, Stoerzbach & Henson, Galesburg, for Kirk and Carol Witherspoon.

Francis Van Hooreweghe, Van Hooreweghe, Fackel & Thuline, Moline, for Craig Amundsen, Julie Amundsen, Bryan Bealer, Beth Bealer, Val Broene, John Smithers, Beth Smithers, Thom Cornelis, Marcia Cornelis, John D. Keig, Jr., Harvey Tadewald, Pat Tadewald, Jay Olson, Sue Anne Olson, Taft Gilliam, Theda Gilliam, Alfred Smith, Mildred Smith, Velusami Arumugam, and Purani Arumugam.

Larry Woodward, Moline, for City of Moline.

Justice BARRY delivered the Opinion of the Court.

On November 7, 1989, the Moline City Council, in a nine-to-five vote, denied an application of plaintiffs, Dr. Kirk and Carol Witherspoon, for a special use permit to conduct a "home occupation" in their Moline residence. Plaintiffs pursued their cause in the circuit court of Rock Island County, which denied relief. In this appeal, plaintiffs contend that the circuit court...

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