Garner v. County of Du Page

This is a direct appeal from a decree of the circuit court of Du Page County which found an amendment to the county's zoning
ordinance to be a constitutional exercise of the police power and dismissed, for want of equity, a complaint attacking its
validity and seeking injunctive relief. Facts necessary to this opinion show that the amendment in question changed from "F" (farming) to "1-2" (industrial) the
zoning classification of a 120-acre tract of land located approximately one mile west of the city of Naperville. Proceedings
for the change were instituted by Dorothy R. Polivka, the owner of the tract, shortly after she had given Foote Bros. Gear
and Machine Corporation an option to purchase it. Zoning regulations permitting, the corporation proposed to erect industrial
units which would eventually employ 1500 to 2000 persons. The city council of Naperville, to whom section 2 of the County
Zoning Act gives a right of protest, (Ill. Rev. Stat. 1955, chap. 34, par. 152j,) expressed itself to county officials as
favoring the rezoning; the county zoning board of appeals recommended against it. However, the county board, by the unanimous
vote of its members present, amended the county ordinance so as to effect the change of zoning requested. After the rezoning,
Mary H. Garner, Donald J. Anderson and Walter L. Darfler, the appellants, filed a complaint against the county and its zoning
officers praying that the amendment be declared null and void and that the defendants be permanently enjoined from issuing
a building permit for the construction of any industrial or business buildings on the Polivka tract. Subsequently Dorothy
Polivka and Foote Bros. Corporation were made parties defendant.