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CITY OF BURBANK v. CZAJA

No. 1-01-3110.

769 N.E.2d 1045 (2002)

331 Ill. App.3d 369

264 Ill.Dec. 208

CITY OF BURBANK, a municipal corporation, Plaintiff-Appellant, v. Jan CZAJA, Zofia Czaja, Ludwina Czaja, and PNC Mortgage Corp. of America, Defendants-Appellees.

Appellate Court of Illinois, First District, Third Division.

May 8, 2002.

Attorney(s) appearing for the Case

Gary S. Perlman, Louis F. Cainkar, Ltd., Chicago, for Appellant.

Law Firm of Robert J. Zotti, Wheaton, for Appellees Jan Czaja, Zofia Czaja and Ludwina Czaja.

Justice WOLFSON delivered the opinion of the court:

Some pigeons race. Some fly away and come home again. Some simply hang around and leave a mess. The city of Burbank is not fond of any pigeons who live in residential areas. It passed one ordinance that prohibited the raising of pigeons in residential areas and another that excluded pigeon-raising as a proper residential use. On the other hand, the legislature for several...

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