Village of Hinsdale v. Koplin

Mr. PRESIDING JUSTICE SEIDENFELD

delivered the opinion of the court:

Whether the defendant may be fined for failing to obey a stop-work order issued by the building commissioner of the village, later determined to have been wrongfully issued, is the sole question. We conclude that proof that the stop order was erroneous is a defense to the charge of the ordinance violation.

On October 17, 1977, the Hinsdale building commissioner and the village electrical inspector observed alteration work being done without a permit on premises under the defendant's control. The commissioner posted a stop order…