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VILLAGE OF BURR RIDGE v. ELIA

No. 77-409.

65 Ill. App.3d 827 (1978)

382 N.E.2d 876

THE VILLAGE OF BURR RIDGE, Plaintiff-Appellant, v. NORMAN J. ELIA et al., Defendants-Appellees.

Appellate Court of Illinois — Second District.

Opinion filed November 15, 1978.

Attorney(s) appearing for the Case

R. Marlin Smith and Wendy U. Larsen, both of Ross, Hardies, O'Keefe, Babcock & Parsons, and Newell Jenkins, of Klein, Thorpe, Kasson & Jenkins, both of Chicago, for appellant.

James G. Bauer, of Bauer & Hotte, of Elmhurst, for appellees.

Reversed and remanded.

Mr. JUSTICE NASH delivered the opinion of the court:

Plaintiff, the Village of Burr Ridge, seeks to enjoin defendants, Norman J. and Dorothy Elia, from using their property in a manner alleged to violate the village zoning ordinance. Following a bench trial, the trial court found defendants' use of their property was a legal nonconforming use and denied the injunction. Plaintiff appeals contending the judgment of the trial court was...

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