(DOWNLOAD) "Exchange Nat. Bk. v. County of Cook" by Supreme Court of Illinois ~ eBook PDF Kindle ePub Free
eBook details
- Title: Exchange Nat. Bk. v. County of Cook
- Author : Supreme Court of Illinois
- Release Date : January 23, 1955
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Plaintiffs, alleging that the Cook County zoning ordinance is so unreasonable, capricious and discriminatory as to infringe
upon their constitutional rights of due process and equal protection of the laws, filed a complaint in the circuit court of
Cook County for a declaratory judgment that said ordinance is invalid insofar as it relates to their property. After a hearing
before a master the court granted the relief sought and the defendant-county has prosecuted this appeal. The record discloses that plaintiffs, who are the Exchange National Bank, trustee, and the Consolidated Paper Converter Corporation,
own a tract of vacant land on the west side of Cicero Avenue at Seventy-sixth Street, very near the Chicago city limits. The
property, which is presently zoned for single family dwellings, has a frontage of 328 feet on Cicero Avenue and a depth of
1152 feet. Prior to the institution of this action, plaintiffs filed a petition for a change of classification with the zoning
board of appeals for the county which recommended to the county commissioners that the property be rezoned for industrial
uses. The latter, however, did not act on the recommendation and plaintiffs here state that the commissioners have refused
to either pass an amendatory ordinance or to grant a further hearing. This action was then commenced and it is alleged in
the complaint, as amended, that plaintiffs desire to utilize and develop the property for purposes of light industry but are
prevented from doing so by the current residential classification. During the hearing of the cause it was brought out that
plaintiffs have entered into a contract to sell the land to a corporation which plans to use it for a trucking terminal, such
contract being contingent upon plaintiffs' success in securing a zoning reclassification. It is this feature of the case which
has prompted defendant's first assignment of error, namely, that the circuit court was without jurisdiction because no actual
controversy exists between the parties within the meaning of the declaratory judgment provisions of the Civil Practice Act.
(Ill. Rev. Stat. 1953, chap. 110, par. 181.1.) In making this contention, defendant takes the position that plaintiffs, by
bringing this action, seek only an advisory opinion, rather than an adjudication of rights, in an effort to reassure their
prospective purchaser of the uses for which the property will be available.
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