H. G. Goelitz Co. v. Town of Cicero

MR. PRESIDING! JUSTICE BURKE

delivered the opinion of the court.

Plaintiffs filed a complaint in equity to restrain the officials and the Town of Cicero from prosecuting a complaint before a Police Magistrate for violation of a building ordinance and from filing any other complaints against them on the ground that the operation and maintenance of their asphalt plant is a public nuisance or that it emits smoke and fumes, and from arresting them or their servants so long as the operation of the plant is approved by the Smoke Abatement Commission. Upon overruling defendants’ exceptions to the…