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PACESETTER HOMES, INC. v. VILLAGE OF OLYMPIA FIELDS

Gen. No. 52,916.

104 Ill. App.2d 218 (1968)

244 N.E.2d 369

Pacesetter Homes, Inc., an Illinois Corporation, Plaintiff-Appellee, v. Village of Olympia Fields, a Municipal Corporation, Defendant-Appellant.

Appellate Court of Illinois — First District, Second Division.

December 30, 1968.

Attorney(s) appearing for the Case

Edward A. Scott, and Ross, Hardies, O'Keefe, Babcock, McDugald & Parsons, of Chicago (H. Marlin Smith and Fred P. Bosselman, of counsel), for appellant.

James W. Cotter and Gregory L. Tumbarello, of Chicago, for appellee.

MR. PRESIDING JUSTICE BURKE delivered the opinion of the court.

This appeal is taken from a decree entered on the pleadings declaring unconstitutional portions of an architectural control ordinance enacted by defendant, Village of Olympia Fields.

On March 4, 1966, plaintiff, Pacesetter Homes, Inc., through its authorized agent, filed an application, together with architectural plans and other pertinent matters, with the Building Commissioner of the Village...

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