Bank of Lyons v. Cook County, 34637
| Decision Date | 20 March 1958 |
| Docket Number | No. 34637,34637 |
| Citation | 13 Ill.2d 493,150 N.E.2d 97 |
| Parties | BANK OF LYONS, Trustee, Appellee, v. The COUNTY OF COOK, Appellant. |
| Court | Illinois Supreme Court |
Page 97
v.
The COUNTY OF COOK, Appellant.
Rehearing Denied May 23, 1958.
[13 Ill.2d 494] Benjamin S. Adamowski, State's Atty., Chicago (Francis X. Riley, Chicago, of counsel), for appellant.
Stagman, Spangler & Greenberg, Chicago, (Erwin H. Greenberg, Chicago, of counsel), for appellee.
KLINGBIEL, Justice.
The Bank of Lyons, as trustee, brought suit against the County of Cook, seeking
Page 98
to declare its zoning ordinance unconstitutional and void as applied to plaintiff's land. The defendant moved to dismiss the suit on the ground that the plaintiff had failed to exhaust administrative remedies. The motion was denied; a hearing was held before a master; and a decree was entered, in accordance with the master's findings, holding the ordinance void in its application to plaintiff's land. The defendant brings the record to this court for review, contending that error was committed both in refusing to dismiss and in finding the classification to be unreasonable.The land in question is a tract of about ten acres situated in an unincorporated area classified as an 'F' farming district. Under the terms of the ordinance only specified types of use are permitted in such a district. Desiring to use its land for a trailer park-a use not included in the list of permissible uses-the plaintiff through its attorney talked to the secretary of the zoning board of appeals about filing a petition to rezone the property. The officer replied that filing a petition would be useless because the Board of County Commissioners had issued an 'oral directive' not to rezone any more property in the county for trailer park use. The plaintiff therefore did not file a formal application before the zoning board, but brought the present suit on the ground that the classification is unreasonable and arbitrary.
[13 Ill.2d 495] For determination of the constitutional issue we are presented with extensive evidence relating to the location and condition of the plaintiff's land, its adaptability for the uses permitted by the ordinance, the extent to which its value is diminished by the restriction, the character of nearby properties, the development trends of the general area, and other factual matters. Before reaching the constitutional question, however, we must first consider defendant's contention that a failure to seek relief before the zoning board foreclosed...
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