Anthony v. City of Kewanee

• Decision Date: 10 February 1967
• Docket Number: Gen. No. 66--62
• Citation: 223 N.E.2d 738,79 Ill.App.2d 243
• Parties: Raymond ANTHONY et al., Plaintiffs-Appellants, v. The CITY OF KEWANEE, Illinois, a Municipal corporation et al., Defendants-Appellees.
• Court: United States Appellate Court of Illinois

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223 N.E.2d 738 79 Ill.App.2d 243 Raymond ANTHONY et al., Plaintiffs-Appellants,
v.
The CITY OF KEWANEE, Illinois, a Municipal corporation et
al., Defendants-Appellees. Gen. No. 66--62. Appellate Court of Illinois, Third District. Feb. 10, 1967.
Rehearing Denied March 8, 1967.

[79 Ill.App.2d 245]

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Welch & Blackinsky, Kewanee, for appellants.

Fred J. Brown, Don J. McRae, Kewanee, William Kirman, Annawan, for appellees.

STOUDER, Presiding Justice.

Plaintiffs, Appellants, filed this action for declaratory judgment in the Circuit Court of Henry County requesting in two counts that a rezoning ordinance of the City of Kewanee be declared void. Count one alleges in substance that Defendants, Appellees, filed a petition with the Kewanee Zoning Board of Appeals requesting that the permitted use of their property be changed from residential to commercial. Objections were filed by Plaintiffs. Hearing was had before the Board which filed its report with the Kewanee City Council for council action. Harold Hill, an attorney and also a member of the Kewanee City Council, represented Defendants in the preparation of their petition and the hearing before the Board. Applicable statutes and ordinances required that where objections were made to a rezoning ordinance the adoption of such ordinance required the favorable vote of two-thirds of the members of the city council. There were five members of the Kewanee City Council and hence four favorable votes were required to adopt a rezoning[79 Ill.App.2d 246] ordinance. At the time the rezoning ordinance was considered by the council, three members voted for and one member voted against the adoption of the ordinance, Harold Hill abstaining from voting. The ordinance consequently failed of adoption. Thereafter Defendants filed a second petition with the Kewanee Zoning Board of Appeals requesting reclassification of substantially the same property. Again objections were filed by Plaintiffs, hearing was held and a report was filed by the Board with the City Council. In these proceedings the Defendants were represented by attorneys not associated with Harold Hill. When the matter was again considered by the City Council the rezoning ordinance was adopted by a vote of four to one, Harold Hill voting with the majority. This count was dismissed on Defendants' motion for failure to state a cause of action.

Count two alleges in substance that the rezoning ordinance is void because it is

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unreasonable,...