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SCHMIDT v. CITY OF DARIEN

No. 73-251.

31 Ill. App.3d 617 (1975)

333 N.E.2d 678

CHARLES C. SCHMIDT et al., Plaintiffs-Appellants, v. THE CITY OF DARIEN, Defendant-Appellee.

Appellate Court of Illinois — Second District (1st Division).

Rehearing denied September 26, 1975.

Attorney(s) appearing for the Case

Edward Van de Houten, of Glen Ellyn, for appellants.

Barbara Caruso and F. Willis Caruso, both of La Grange, for appellee.

Judgment affirmed.

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

In this appeal the owners and developers of a 10.98 acre tract located in the City of Darien challenge the validity of the city zoning ordinance which restricted their property to residential use. The plaintiffs sought to invalidate the zoning ordinance as applied to the subject property and to permit its development for a commercial use, and appeal from the denial of declaratory...

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