Ray v. the City of Chicago

Rehearing denied September 26, 1960. The owners of certain nearby real estate brought a declaratory judgment action in the circuit court of Cook County to declare invalid a Chicago ordinance vacating the one-block portion of Surf Street between Lake Shore Drive and Commonwealth Avenue and an alley in the block to the north. The action was brought against the city of Chicago, its mayor and its street commissioner; and by leave of court the St. Joseph Hospital, which owns the property abutting the vacated street and alley, was later added as a defendant. The complaint also prayed that defendants be restrained from vacating the street and alley and from obstructing them. After answers were filed defendants moved for summary judgment. The court granted the motion, and plaintiffs appeal directly to this court, the trial judge having certified that the validity of a municipal ordinance is involved and that in his opinion the public interest requires such direct appeal.