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CITY OF MARENGO v. POLLACK

No. 2-01-0775.

782 N.E.2d 913 (2002)

335 Ill. App.3d 981

270 Ill.Dec. 354

The CITY OF MARENGO, Plaintiff-Appellant and Cross-Appellee, v. Walter POLLACK and Northwest Pallet Supply Company, Defendants-Appellees and Cross-Appellants.

Appellate Court of Illinois, Second District.

December 30, 2002.

Attorney(s) appearing for the Case

David W. McArdle, Zukowski, Rogers, Flood & McArdle, Crystal Lake, for City of Marengo.

James A. Campion, Tom E. Rausch, Campion, Curran, Rausch, Gummerson & Dunlop, P.C., Crystal Lake, for Northwest Pallet Supply Co., Walter Pollack.

Justice McLAREN delivered the opinion of the court:

Plaintiff, the City of Marengo, filed a complaint alleging that defendants, Walter Pollack and Northwest Pallet Supply Company (Northwest), were violating plaintiff's 1992 ordinance limiting defendants' outdoor storage space to 1,000-square-feet. Defendants' affirmative defenses alleged a legal nonconforming use and that plaintiff was barred by laches from enforcing the earlier ordinance, which limited the...

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