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POLIVKA v. COUNTY OF COOK

Gen. No. 50,351.

68 Ill. App.2d 377 (1966)

216 N.E.2d 221

Jack M. Polivka et al., Plaintiffs-Appellees, v. The County of Cook, a Body Politic and Corporate, Defendant-Appellant.

Appellate Court of Illinois — First District, Third Division.

February 3, 1966.

Attorney(s) appearing for the Case

Daniel P. Ward, State's Attorney of Cook County, of Chicago (Edward J. Hladis, Chief of Civil Division and Donald J. Veverka, Assistant State's Attorney, of counsel), for appellant.

Haskins, Maguire & Haskins, of Chicago (Robert E. Haskins and C.W. Eckert, of counsel), for appellees.

MR. JUSTICE SCHWARTZ delivered the opinion of the court.

In a declaratory judgment proceeding the trial court found that defendant's zoning classification of plaintiffs' property as R-4 (single family residential) was arbitrary and discriminatory and that plaintiffs should be allowed to develop their property with a gasoline station and stores, as permitted in a B-2 zone.

The subject property is located on the southwest corner of 55th Street and Wolf Road...

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