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eBook details

• Title: Hartung v. Village of Skokie
• Author : Supreme Court of Illinois
• Release Date : January 28, 1961
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

This is a direct appeal by defendant, Village of Skokie, from a declaratory decree entered by the circuit court of Cook County holding a village zoning ordinance unconstitutional as applied to the proposed use of the subject property owned by the plaintiffs and directing that plaintiffs have the right to use the property for a motel and restaurant. The trial judge certified that the validity of a municipal ordinance is involved and that the public interest requires a direct appeal to this Court. The principal contention of appellant is that the evidence demonstrates room for a fair difference of opinion concerning the reasonableness of its residential zoning classification, as applied to plaintiffs' property, and that its legislative determination is conclusive and should not be disturbed by the courts. Plaintiffs urge that, in view of all the evidence, the single-family residence restrictions, as presently applied to their property, are arbitrary, unreasonable and confiscatory and bear no substantial relation to the public health, safety, morals, comfort and general welfare; that any reasons which may heretofore have supported residential zoning of their property have ceased to exist in view of subsequent developments. The resolution of such conflicting views is difficult and, in final analysis, must depend on the facts and circumstances of each case. La Salle National Bank of Chicago v. County of Cook, 12 Ill.2d 40.

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