Zaleha v. Rosholt

Appellee, Tower Cabana Club, Inc., an Illinois corporation, filed its action for a declaratory judgment in the circuit court of Cook County against appellant, city of Chicago, seeking to have the Chicago zoning ordinance of 1942 declared invalid and unenforceable as to plaintiffs property. The city filed an answer and the appellee its reply. Proofs were taken before a master and the court, after examining the record, entered a judgment finding and declaring the amendatory ordinance of 1942 invalid as applied to appellees property and declaring that appellee and its successors have the right to use the subject premises for any of the purposes permitted under sections 7 and 8 or the original Chicago zoning ordinance of 1923. The judgment also enjoined the city, its agents, officers and employees from enforcing the provisions of the amendment Page 13 against appellees property and ordered them to issue such necessary permits as might be needed for the erection and maintenance of any building or buildings on the property for any purpose allowed under sections 7 and 8 of the original ordinance. The city has taken a direct appeal to this court on the certified ground that the validity of a municipal ordinance is involved.