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MEMORY GARDENS CEMETERY, INC. v. VILLAGE OF ARLINGTON HEIGHTS

No. 1-92-1227.

621 N.E.2d 107 (1993)

250 Ill. App.3d 553

190 Ill.Dec. 238

MEMORY GARDENS CEMETERY, INC., an Illinois corporation, Plaintiff-Appellant, v. VILLAGE OF ARLINGTON HEIGHTS, a municipal corporation; Arlington Heights Zoning Board of Appeals; Martin Munsen, Arlington Heights Building Commissioner; William W. Kurnick, George Hauff, Gary Dienstag, Frederick Marks, Anthony Tomaso, Douglas J. Closs and Norma Damm, as members of the Zoning Board of Appeals, Defendants-Appellees. (Wendy Zick; Ralph Andeweski; Verne Wellmen; and Joanne Swanson, Defendants).

Appellate Court of Illinois, First District, Second Division.

Rehearing Denied September 9, 1993.

Attorney(s) appearing for the Case

Altheimer & Gray, Chicago, for defendants-appellees (Jack M. Siegel, of counsel).

Marks, Marks and Kaplan, Ltd., Chicago, for plaintiff-appellant (Robert Marks and Robert J. Dargis, of counsel).

Gottlieb and Schwartz, Chicago, for amicus (Harvey I. Lapin and David J. Schwartz, of counsel).

Justice DiVITO delivered the opinion of the court:

Plaintiff Memory Gardens Cemetery, Inc. (the Cemetery) applied to defendant Village of Arlington Heights (the Village) for a permit to build a mausoleum. Defendant Building Commissioner denied the application, and defendant Zoning Board of Appeals (the Board) affirmed. The Cemetery then filed this declaratory judgment action, alleging that its proposed mausoleum did not require a special use permit under the Village...

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