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MICH. BLVD. BLDG. CO. v. CHI. PARK DIST.

No. 32346.

412 Ill. 350 (1952)

106 N.E.2d 359

MICHIGAN BOULEVARD BUILDING COMPANY, Appellant, v. THE CHICAGO PARK DISTRICT, Appellee.

Supreme Court of Illinois.

Opinion filed May 22, 1952.

Attorney(s) appearing for the Case

MacLEISH, SPRAY, PRICE & UNDERWOOD, of Chicago, (ROBERT S. CUSHMAN, and JOHN M. BETTS, of counsel,) for appellant.

PHILIP A. LOZOWICK, and KIRKLAND, FLEMING, GREEN, MARTIN & ELLIS, both of Chicago, (JOSEPH B. FLEMING, THOMAS M. THOMAS, and THOMAS F. SCULLY, of counsel,) for appellee.

JOHNSTON, THOMPSON, RAYMOND & MAYER, of Chicago, (FLOYD E. THOMPSON, ALBERT E. JENNER, JR., and WILLIAM B. DAVENPORT, of counsel,) for amicus curiae.

Decree affirmed.

Mr. JUSTICE MAXWELL delivered the opinion of the court:

Plaintiff, Michigan Boulevard Building Company, filed a complaint in the circuit court of Cook County seeking a declaratory judgment adjudging that an enabling act and two ordinances adopted pursuant thereto are unconstitutional and void and praying for an injunction to restrain the defendant, Chicago Park District, from constructing an underground...

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