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MIDWEST BANK & T. CO. v. CITY OF CHICAGO

Nos. 53277, 53511 cons.

133 Ill. App.2d 518 (1971)

273 N.E.2d 519

MIDWEST BANK AND TRUST COMPANY, as Trustee under Trust No. 65-004, Plaintiff-Appellee, v. THE CITY OF CHICAGO, Defendant-Appellant.

Appellate Court of Illinois — First District.

July 2, 1971.

Attorney(s) appearing for the Case

Richard L. Curry, Corporation Counsel, of Chicago, (Raymond F. Simon, Corporation Counsel, and Marvin E. Aspen and Edmund Hatfield, Assistant Corporation Counsel, of counsel,) for appellant.

John J. O'Toole, of Chicago, (Concannon, Dillon, Snook & Morton, of counsel,) for appellee.

Judgment reversed.

Mr. PRESIDING JUSTICE ENGLISH delivered the opinion of the court:

Plaintiff brought a declaratory judgment action to void a B4-1, Restricted Service District, zoning of the subject vacant lot in order to build an apartment building which would not conform to the requirements of B4-1, which prohibits groundfloor apartments, but would meet the requirements of an R4 General Residence District classification. The Circuit Court entered judgment...

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