Berman v. Prendergast

2 Citing cases

  1. Nolan v. City of Granite City

    162 Ill. App. 3d 187 (Ill. App. Ct. 1987)   Cited 4 times
    Noting that the Illinois Pension Code's definition of "retirement" supported the court's interpretation of an ordinance

    • 1, 2 Our courts continually have held that in construing ordinances, the same rules apply as those which govern the construction of statutes. (See, e.g., Village of Park Forest v. Wojciechowski (1963), 29 Ill.2d 435, 437, 194 N.E.2d 346, 348; State National Bank v. ZoningBoard of Appeals (1979), 81 Ill. App.3d 105, 107, 400 N.E.2d 433, 435; Berman v. Prendergast (1949), 338 Ill. App. 580, 584, 88 N.E.2d 374, 376.) One of these rules is that an amendatory ordinance does not repeal an ordinance as it previously existed but merely changes or alters the original ordinance, or some of its provisions, to read as stated in the amendment, with the original ordinance continuing to operate in its changed form. ( Village of Park Forest v. Wojciechowski (1963), 29 Ill.2d 435, 438, 194 N.E.2d 346, 348.

  2. Coven Distributing Co., Inc. v. Chicago

    105 N.E.2d 137 (Ill. App. Ct. 1952)   Cited 7 times
    In Coven Distributing Co. v. City of Chicago, 346 Ill. App. 448, 105 N.E.2d 137, the question was whether or not a particular kind of pinball machine violated a prohibitory provision in the City Code of Chicago. The provision in the Code was not challenged.

    We can see no substantial difference in the structural features of the Bowler and other machines of this kind. See Berman v. Prendergast, 338 Ill. App. 580. In our opinion the Bowler is essentially a modern variety of bagatelle or pigeonhole commonly known as pin games and the use is therefore prohibited by the Ordinance.