The City of Des Plaines, with help from Elk Grove Township Elementary School Dist. 59, will try to convince an Illinois appellate court that it should prevent an adult bookstore from opening for business on Touhy Avenue between York and Mt. Prospect roads.

Aldermen Monday night voted to direct City Attorney Dave Wiltse to proceed with the appeal. Wiltse said he has received a pledge from Dist. 59 that it will contribute $3,000 toward paying for legal fees.

Terry Nelson, a spokesperson for families who live in a mobile home park across from the planned bookstore, called the city's decision to appeal a financial and emotional shot-in-the-arm.

Des Plaines and Dist. 59 have been fighting the planned bookstore for months arguing that it should not be located on property directly across from a large mobile home park and school bus stop on Touhy Avenue.

The property where the bookstore will be located lies within the City of Chicago even though Des Plaines property is located to the east, west and north. The Chicago Zoning Board earlier this year voted to permit the bookstore to operate on the property where the bookstore building is currently under construction. Des Plaines and Dist. 59 took the case to Cook County Circuit Court where a judge two weeks ago upheld the Zoning Board's decision. At Monday night's City Council meeting, aldermen decided to continue the fight to the Illinois Appellate Court level.

At Monday night's Council meeting, Miss Nelson thanked aldermen for their support stating that the bookstore plans on remaining open 24 hours a day and is located a short distance from "Heavenly Bodies", an adult night club.

"The Chicago Zoning Board gave no concern for the families living in the area," said Nelson. She explained that a key reason that led to the decision to allow the bookstore to open is the fact that the Touhy mobile home park property is not zoned residential. Because of this, restrictions connected with development adjacent to homes could not be applied in the Touhy Avenue case.

Wiltse said he has 30 days to file his notice of appeal with the Appellate Court.