[Download] "First Nat. Bank v. County of Lake" by Supreme Court of Illinois * eBook PDF Kindle ePub Free
eBook details
- Title: First Nat. Bank v. County of Lake
- Author : Supreme Court of Illinois
- Release Date : January 23, 1955
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
Plaintiff, The First National Bank of Lake Forest, Illinois, as Trustee under Trust No. 989, brought an action for a declaratory
judgment in the circuit court of Lake County against the county of Lake, its zoning board of appeals and the chairman and
individual members of the board asking that the Lake County zoning ordinance adopted April 25, 1939, as amended June 9, 1952,
be declared void insofar as the same classified three parcels of real estate belonging to plaintiff as R-4 residence property
and that certain officers of the county be restrained from enforcing the ordinance as it applies to that property. The complaint alleges that the present zoning classification does not permit the highest and best use of the tracts in question;
that as to these properties the ordinance is confiscatory, unconstitutional, illegal, and void, and constitutes a violation
of the fourteenth amendment to the constitution of the United States and section 2 of article II of the constitution of the
State of Illinois. The complaint also alleges that the ordinance does not bear a substantial relation to the public health,
safety, comfort, morals or general welfare and is therefore unreasonable and void. The defendants answered, admitting ownership
of the property and its general description and location, as well as the fact that two of the properties may have greater
value for proposed uses than they have for permitted uses, but denying that the highest and best use of the tracts is for
the purposes sought, and substantially denying all of the other allegations of the complaint. After hearing the evidence for
both sides, the court entered a declaratory judgment finding that the use of the properties other than for the permitted uses
would increase the hazards of fire, thereby affecting the public safety; that the proposed uses would increase congestion
in the public streets and highways and decrease taxable values of surrounding properties; that as to the properties in question
the ordinance conserves taxable values and avoids congestion. The order declares that the ordinance as applied to the subject
properties is fair and reasonable and is substantially related to the public health, safety, comfort, morals and general welfare
and therefore valid. The prayers of the complaint are denied. Plaintiff appeals directly to this court since the validity
of a county zoning ordinance is involved and the trial court has certified that the public interest requires such an appeal.