Gedmin v. City of Chicago

MR. PRESIDING JUSTICE ENGLISH

delivered the opinion of the court.

In a declaratory judgment action, the trial court entered an order declaring invalid and restraining enforcement of defendant’s Zoning Ordinance insofar as it presently classifies plaintiffs’ property as “R-2” and “R-3” and thereby prevents development of the subject property within the “R-4” classification. Defendant appeals, contending: (a) plaintiffs failed to adduce clear and convincing proof that the ordinance is invalid as applied to the subject property; (b) the surrounding uses being of paramount importance, the subject…