Bright v. City of Evanston

• Decision Date: 01 April 1965
• Docket Number: Gen. No. 49651
• Citation: Bright v. City of Evanston, 206 N.E.2d 765, 57 Ill.App.2d 414 (Ill. App. 1965)
• Parties: Michael BRIGHT, Plaintiff-Appellant, v. CITY OF EVANSTON, a Municipal Corporation, Defendant-Appellee.
• Court: Appellate Court of Illinois

Page 765

206 N.E.2d 765

57 Ill.App.2d 414

Michael BRIGHT, Plaintiff-Appellant, v.CITY OF EVANSTON, a Municipal Corporation, Defendant-Appellee.

Gen. No. 49651.

Appellate Court of Illinois, First District, Third Division.

April 1, 1965.

L. Louis Karton, Chicago, for appellant.

Jack M. Siegel, Corp.Counsel, City of Evanston, Russell A. Behrens, Asst. CorporationCounsel, Evanston, for appellee.

SULLIVAN, Justice.

This appeal is brought by the plaintiff from an adverse decision by the trial court in a declaratory judgment action seeking the court to declare unconstitutional and void the zoning ordinance of the city of Evanston restricting certain property to R-1 single-family use.The testimony of the many witnesses can be summarized as follows:

The subject property is located on the southwest corner of Davis Street and Judson Avenue in a R-1 zoning classification in the city of Evanston.Under R-1 zoning only single-family dwellings may be constructed on the premises.

The plaintiff testified that he is the owner of the beneficial interest in the subject property; that he is a realtor; that he buys and sells property for his own benefit, and that he had been engaged in that business since 1940.Plaintiff acquired the property in November, 1954 for $12,515.48 with the knowledge that the property was zoned for single-family dwelling purposes, and that litigation had been pending since 1952 to enable an eight-story multiple dwelling to be built.At the time of the purchase of the property he had no intention of building a single-family residence, and he purchased the property to put a high-rise building on it.

The property has a total frontage of 100 feet on Davis Street and 138.5 feet along Judson Avenue.It has been zoned for single-family purposes since 1921, when the first zoning ordinance was adopted by the city.The R-1 single-family residence district wherein the subject property is located has an irregular western boundary.Directly behind the subject property the western boundary is the alley between Hinman and Judson.On the east the district is bounded by Lake Michigan, which is approximately two blocks from the subject property, on the south by Lee Street, some six blocks to the south, and on the north by Clark Street, two full blocks to the north of the subject property.The subject property is surrounded on all sides by property zoned and used for R-1 purposes.Immediately to the west is a large single-family residence in excellent condition and well kept.To the west of this residence and approximately ninety feet from the west edge of the subject property is the alley which forms the zoning district boundary.The Georgian Hotel building, which was built in 1926, and which the records indicates was to become an old peoples home on January 1, 1964, lies west of the alley in an R-7 district which fronts on Hinman Avenue.South of the subject property is a single-family residence purchased in 1952 for $27,500.00, and thereafter improved by an additional $5,000.00 expenditure.Its present value is estimated at $34,000.00.The remainder of the block south of the subject property on both sides of Judson is improved with single-family residences.South of Grove Street the single-family district runs west to Hinman Avenue.Directly across Davis Street to the north of the subject property is a large single-family residence.Just west of that residence are two single-family lots which are vacant.Two residences which were located on these lots have been torn down.Most of the area of these lots is landscaped but there was a small parking area on the north end at the time of the trial.The evidence discloses that this was an unlawful and unauthorized use and steps were being taken to eliminate it.Northward on both sides of Judson are well maintained single-family residences.Across Judson Avenue directly to the east of the subject property is a single-family residence built in 1955, and purchased in 1956 for $49,500.00.Directly to the east of that building is another residence fronting on Davis Street which was purchased for more than $50,000.00 some ten years ago, and further improved by the expenditure of an additional $10,000.00.On both sides of Davis Street to the east are comparable structures.To the west of the alley between Judson Avenue and Hinman Avenue on Davis Street is the Mather Home having a height of eight stories, and is situated at the northeast corner of Davis and Hinman.The Georgian Hotel on the southeast corner of Davis and Hinman is likewise eight stories high, and has a restaurant on the ground floor, the windows of which face on Davis Street.It extends from the alley to Hinman Avenue.The balance of the west half of the block south of the Georgian Hotel is devoted to multiple-family buildings.The balance of the west half of the block north of the Mather Home is devoted to multiple-story buildings.

This property has been in litigation since 1952, and the plaintiff purchased his interest while litigation in a previous case was pending and became the plaintiff in that case.The title of that case is Bright v. City of Evanston, 10 Ill.2d 178, 139 N.E.2d 270.The Supreme Court in that case instructed the trial court to dismiss the complaint for summary judgment for the reason that the plaintiff had not exhausted his administrative remedies.The plaintiff then sought administrative relief and upon denial brought the present suit.

An architect for the plaintiff testified as to the details of the 7-story 32-apartment building which the plaintiff proposed to erect on the subject property.It would be 62 feet 8 inches high, masonry exterior walls and concrete floor slab construction, with two elevators, three stairways, and air-conditioned.It would comply with all the Evanston Code provisions applicable to an R-7 use district.There would be offices, two dwelling units and 12 parking stalls, in addition to the lobby, on the ground floor.The entrance would be on Judson, with a driveway to the basement garage on Davis at the west end of the building.The R-1 height limit for residential buildings is 35 feet.The architect who had drawn plans for this building testified that in his opinion the most suitable use for the subject property was a seven-story 32-apartment building.The the zoning and uses to the west of Hinman Avenue are business and commercial for more than a half-mile.He felt that the influence on the subject property of the 85 foot high Georgian Hotel, even though more than 90 feet to the west of the subject property, was greater than the single-family 60 year old building immediately west of it.

The plaintiff also testified that he was the owner of a 7-story 120-apartment building and a 3-story 25-apartment building in Evanston, and that in his opinion the highest and best use for the subject property was a highrise building.

The real estate witnesses called by the plaintiff testified that the value of the property for residential purposes was from $10,000.00 to $12,500.00, and for a multiple-story building the same property would be worth $50,000.00.One of these witnesses testified that he had examined the land east of the alley between Judson and Hinman to the lake and all of that property was residential.That the value of the homes was substantial, particularly east of Judson, with a minimum of $25,000.00 or $30,000.00 and running up to $60,000.00 to $75,000.00.

One of plaintiff's real estate witnesses testified in addition to the foregoing that there is a preponderance of old frame homes, 60, 70 and 80 years old; that the newest home is across the street from the subject property at Judson and Davis and was built in 1954, and another to the east of it was built at about the same time but that all the rest were old.He also stated that when you start mixing new houses with houses 40 to 50 years old you are mixing the market.This witness testified that the only adverse effect of such a development would be a slight effect on the old house to the south.He testified that the construction of a 7-story building on the said property would cause no more detriment than had already been created by the Georgian Hotel.

The Director of Planning for the defendant testified that the subject property is oriented toward Judson Avenue; that all the residences in the area are well maintained and structurally sound; that the area is one of three in Evanston which contain the bulk of Evanston's high value single-family residences.That according to the 1960 census, the two blocks of Judson north of Davis average $42,000.00 value per home.The subject block and the one east contain homes with an average value of $37,000.00 to $38,000.00; that in his opinion the highest and best use of the property is for single-family use comparable to what immediately adjoins it, to retain the continuity in the neighborhood.The reasons he assigned for his opinion were the orientation of the subject property toward Judson; the high quality, well maintained single-family residences for over a block in each direction on both sides of Judson; that the residences in that area give Evanston its unique character, being some of the larger, older homes in the community which have been well maintained and steadily improved.The few remaining lots have been utilized in recent years.There was continued pressure to develop the area for single-family uses, even to the point of rebuilding existing structures for new single-family purposes.That for forty years the city has stated its policy to maintain this as a quality single-family neighborhood.That policy is reflected in the land use plans of the 1930s, 1940s, 1950s, and in the zoning revisions in 1930, 1940 and 1960.Judson Street has relatively little traffic, relatively narrow pavement, wide parkways and trees, and a higher density would increase traffic volume and ultimately result in widening the streets and loss of the trees in...