City of Chicago v. Harris Trust & Savings Bank

Plaintiff appeals from an order dismissing its complaint, which alleged that defendants were unlawfully using certain property as an open-air market and sought injunctive and other relief. On appeal, it contends that the trial court’s dismissal of its complaint under the principle of res judicata was erroneous.

The following facts are pertinent to the disposition of this appeal.

Plaintiff filed its complaint on June 18, 1975, alleging in count I that defendants’ outside sales of merchandise on the subject property, which is located at 2800 Columbus Avenue, violated section 10.3 — 1(1) of the…