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1350 LAKE SHORE ASSOCIATES v. CASALINO

No. 1-03-1248.

816 N.E.2d 675 (2004)

352 Ill. App.3d 1027

287 Ill.Dec. 708

1350 LAKE SHORE ASSOCIATES, an Illinois limited partnership, Plaintiff-Appellant, v. Denise M. CASALINO, Commissioner, Department of Planning and Development of the City of Chicago, and City of Chicago, an Illinois municipal corporation, Defendants-Appellees (Edward T. Joyce, Carl Hunter, John Stassen, John C. Mullen, Clark W. Fetridge, Respicio F. Vasquez, and Bernard J. Miller, Intervenors-Appellees.)

Appellate Court of Illinois, First District, Third Division.

September 1, 2004.

Attorney(s) appearing for the Case

(Thomas F. Gesebracht & Kenneth L. Schmetterer, of counsel), Piper Rudnick LLP, Chicago, for Appellant.

(Lawrence Rosenthal, Deputy, Benna Ruth Solomon, Chief Assistant & Kerri Maloney Laytin, Assistant, of counsel), for Defendants-Appellees.

(Reuben L. Hedlund, James W. Joseph & Erin H. Walz, of counsel), for Intervenors-Appellees.

Presiding Justice HOFFMAN delivered the opinion of the court:

The plaintiff, 1350 Lake Shore Associates (LSA), appeals from a circuit court order entered following a bench trial, granting judgment in favor of the defendant, the City of Chicago, and the intervenors to this action on count III of LSA's fourth-amended complaint. At issue before the court was the constitutionality of a down-zoning ordinance and subsequent height...

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