Kioutas v. City of Chicago

This is an appeal from a judgment declaring that plaintiffs have the right to erect a 40-unit apartment building on premises zoned single family residential, and that defendant’s zoning ordinance as applied to said premises is void. The case was appealed directly to the Supreme Court and was transferred to this court.

The issues presented are that the plaintiffs cannot maintain this action because none of them has sufficient interest in the subject property to erect an apartment building thereon, and that the trial court erred in holding City’s zoning ordinance void, as applied to the subject…