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BABITZKE v. VILLAGE OF HARVESTER

Gen. No. 11,518.

32 Ill. App.2d 289 (1961)

177 N.E.2d 644

Douglas Babitzke, et al., Appellants, v. Village of Harvester, a Municipal Corporation, et al., Appellees.

Appellate Court of Illinois — Second District, First Division.

Rehearing denied November 14, 1961.

Attorney(s) appearing for the Case

Pelling & Krone, of Hinsdale, for appellant.

Hopper, Bowers, Calkins & Carney, of Downers Grove, for appellee.

McNEAL, J.

Douglas Babitzke and others filed a complaint in the Circuit Court of DuPage County praying for a declaratory judgment that an ordinance of the Village of Harvester is ineffective to permit the erection of a gasoline station, a motel and buildings to be used for the sale and service of trailers, trucks, etc. The court found the ordinance valid and dismissed the complaint. This appeal followed.

The record shows that Austin Talbert obtained written...

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