Memory Gardens Cemetery, Inc. v. Village of Arlington Heights

Plaintiff Memory Gardens Cemetery, Inc. (the Cemetery), applied to defendant Village of Arlington Heights (the Village) for a permit to build a mausoleum. Defendant building commissioner denied the application, and defendant zoning board of appeals (the Board) affirmed. The Cemetery then filed this declaratory judgment action, alleging that its proposed mausoleum did not require a special use permit under the Village’s zoning ordinance (the Ordinance), or if it did, that the Ordinance should be declared unconstitutional. After denying defendants’ motion to dismiss the declaratory judgment…