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1350 LAKE SHORE ASSOCIATES v. CASALINO

No. 1-04-3379.

842 N.E.2d 274 (2005)

363 Ill. App.3d 806

299 Ill.Dec. 535

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.

December 28, 2005.

Attorney(s) appearing for the Case

DLA Piper Rudnick Gray Cary US LLP, Chicago (Thomas F. Geselbracht and Kenneth L. Schmetterer, of counsel), for Appellant.

Mara S. Georges, Corporation Counsel, Chicago (Lawrence Rosenthal, Benna Ruth Solomon and Kerrie Maloney Laytin, of counsel), for Appellee.

Hedlund & Hanley, LLC, Chicago (Reuben L. Hedlund, Jack Joseph and Sarah J. Deneen, of counsel), for Intervenors.

Presiding Justice HOFFMAN delivered the opinion of the court:

The plaintiff, 1350 Lake Shore Associates (LSA), appeals from an order entered following our remand of this cause by which the circuit court: (1) refused to enjoin the City of Chicago and its agents from applying any provision of the Chicago Zoning Ordinance which would prevent LSA from constructing a high-rise building at 1320-30 Lake Shore Drive in accordance with the terms of a residential planned development...

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