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SERPICO v. VILLAGE OF ELMWOOD PARK

No. 1-02-1762.

799 N.E.2d 961 (2003)

344 Ill. App.3d 203

279 Ill.Dec. 158

Philip J. SERPICO, an Individual, and Phil's Sports Bar, Inc., an Illinois Corporation, Plaintiffs-Appellants, v. The VILLAGE OF ELMWOOD PARK, a Municipal Corporation of the State of Illinois; Peter N. Silvestri, Village President of the Village of Elmwood Park, not Individually but in His Official Capacity; and Thomas Braglia, Chief of Police of the Village of Elmwood Park, not Individually but in His Official Capacity, Defendants-Appellees.

Appellate Court of Illinois, First District, Sixth Division.

October 31, 2003.

Attorney(s) appearing for the Case

Brown, Udell & Pomerantz Ltd., James R. Donoval, Chicago, for Appellant.

Storino, Ramello & Durkin, Michael K. Durkin, Melissa A. Miroballi, Rosemont, for Appellee.

Justice SMITH delivered the opinion of the court:

Plaintiffs Phillip Serpico and Phil's Sports Bar, Inc. (plaintiffs or as named), filed a complaint for declaratory judgment against defendants Village of Elmwood Park, Peter Silvestri and Thomas Braglia (defendants or as named), seeking to declare invalid Ordinance 2001-08 prohibiting "simulated video gaming devices" in the village. Village of Elmwood Park Ordinance 2001...

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