DOTTIE'S DRESS SHOP, INC. v. VILLAGE OF LYONS

No. 1-98-3118.

729 N.E.2d 1 (2000)

313 Ill. App.3d 70

246 Ill.Dec. 1

DOTTIE'S DRESS SHOP, INC., Shirley Matteo and Tom Harris, Plaintiffs-Appellees, v. The VILLAGE OF LYONS, an Illinois Municipal Corporation, Kevin Close, Village Manager, Village of Lyons, Kenneth J. Basak, Jr., Director of Buildings and Code Enforcement, Village of Lyons Zoning Board of Appeals, Arthur King, Michael Payne, John Pierce, Ginny Wright, Chuck Riedl, Joe Karasek and Jim Pilipchuk, members of the Zoning Board of Appeals, Defendants-Appellants.

Appellate Court of Illinois, First District, Fifth Division.

Rehearing Denied May 22, 2000.

Modified Upon Denial of Rehearing May 26, 2000.


Attorney(s) appearing for the Case

Robert K. Bush, William C. Kling of Ancel, Glink, Diamond, Cope & Bush, P.C., Chicago (David Lincoln Ader, of counsel), for Appellants.

Timothy J. Touhy, James B. Zouras of Timothy J. Touhy & Associates, Chicago, for Appellee Dottie's Dress Shop, Inc.

Arthur E. Engelland of Arthur E. Engelland & Associates, Chicago, for Appellees Matteo and Harris.


MODIFIED UPON DENIAL OF REHEARING

Justice GREIMAN delivered the opinion of the court:

We need not resort to the oft-repeated observation of United States Supreme Court Justice Stewart:

"I could never succeed in intelligibly (defining pornography) * * * but I know it when I see it". Jacobellis v. State of Ohio, 378 U.S. 184, 197, 84 S.Ct. 1676, 1683, 12 L.Ed.2d 793, 803-04, (1964) (Stewart, J., concurring...

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