People ex rel. Pullman Bank & Trust Co. v. Fitzgerald

The People Ex Rel. Pullman Bank and Trust Company, Plaintiff-Appellee, v. Joseph F. Fitzgerald, Commissioner of the Department of Buildings of the City of Chicago, Et Al., Defendants-Appellants

People ex rel. Pullman Bank & Trust Co. v. Fitzgerald, 302 N.E.2d 429 (Ill. App. Ct. 1973)

Court: Appellate Court of Illinois · State Appellate Courts
Decided: August 8, 1973
Docket: No. 56595
Judges: Dieringer
Citations: 302 N.E.2d 42914 Ill. App. 3d 2471973 Ill. App. LEXIS 1830

Cited by 10

Opinion — Dieringer

Mr. JUSTICE DIERINGER delivered the opinion of the court:

This mandamus proceeding was brought in the Circuit Court of Cook County to compel issuance of building permits for construction of an automobile service station on the southeast corner of Division and Wells Streets in Chicago, Illinois. The site had been zoned Cl — 4, and a service station was a proper use under that classification. However, the site has been designated for residential uses by the Chicago-Orleans Slum and Blighted Area Redemption Project, an urban renewal plan enacted by the city of Chicago, and no building permits were issued.

The trial court granted a writ of mandamus compelling the Commissioner of the Department of Buildings of the City of Chicago to issue the building permits, and the commissioner appeals from that judgment.

The issue on appeal relates to whether a building permit may be issued in accordance with the zoning ordinance when there is a conflict with the subsequently enacted urban renewal plan.

The appellee has not filed any briefs in accordance with Supreme Court Rule 341 (Ill. Rev. Stat., ch. 110A, par. 341). This court may determine the case on its merits or may reverse because of the failure of the appellee to comply with the supreme court rule in its sound discretion. (Shinn v. County Board of School Trustees (1970), 130 Ill. App.2d 908 ; People v. Spinelli (1967), 83 Ill.App.2d 391 ; Timmerman v. Wilson (1966), 74 Ill.App.2d 224 .) Inasmuch as the appellee has abandoned its case, we see no reason to go into the merits. We have therefore decided to reverse pro forma.

The judgment of the Circuit Court of Cook County is reversed.

Reversed.

BURMAN, P. J., and JOHNSON, J., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 10 cases

View all citing references →

State Appellate Courts10

Relies on it most ⓘ

L & Lc Trucking Co. v. Jack Freeman Trucking Co.343 N.E.2d 716 (Ill. App. Ct. 1976)
People ex rel. Holland v. Halprin332 N.E.2d 501 (Ill. App. Ct. 1975)
In re Adoption of Daly344 N.E.2d 501 (Ill. App. Ct. 1976)
Hawkins v. Richardson331 N.E.2d 201 (Ill. App. Ct. 1975)
Georges v. Mallare310 N.E.2d 754 (Ill. App. Ct. 1974)
People v. McClerren554 N.E.2d 776 (Ill. App. Ct. 1990) · Dissent

Most recent

People v. McClerren554 N.E.2d 776 (Ill. App. Ct. 1990) · Dissent
In re Adoption of Daly344 N.E.2d 501 (Ill. App. Ct. 1976)
Cowhey v. Tator344 N.E.2d 501 (Ill. App. Ct. 1976)
L & Lc Trucking Co. v. Jack Freeman Trucking Co.343 N.E.2d 716 (Ill. App. Ct. 1976)
Consumers Auto Buying Service of Illinois, Inc. v. Illinois Automotive Trade Ass'n337 N.E.2d 448 (Ill. App. Ct. 1975)
People ex rel. Holland v. Halprin332 N.E.2d 501 (Ill. App. Ct. 1975)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

Depth	Case	Cited by
	People v. Spinelli, 227 N.E.2d 779 (Ill. App. Ct. 1967)	34
	Shinn v. Cnty. BD. of Sch. Trs., 266 N.E.2d 123 (Ill. App. Ct. 1970)	11
	Timmerman v. Wilson, 219 N.E.2d 767 (Ill. App. Ct. 1966)	7

`/`	Focus the search box
`j` `k`	Next / previous result
`Enter`	Open the selected result
`x`	Add / remove the selected result from the download list
`n` `p`	Next / previous search term in a case
`c`	Copy the citation of the current case
`+` `−`	Larger / smaller reading text
`?`	Show this list