Malman v. Village of Lincolnwood

Plaintiffs seek a declaratory judgment that a Lincolnwood zoning ordinance is void as it applies to plaintiffs’ premises. Plaintiffs’ direct appeal to the Illinois Supreme Court from an order which dismissed their cause at the close of plaintiffs’ case has been transferred to this court for disposition.

The sole question for review is the sufficiency of plaintiffs’ evidence to establish a prima facie case for a declaratory judgment against the defendant Village of Lincolnwood. As said in Anderson v. Board of Education, 390 Ill 412, 61 NE2d 562 (1945), at p 428:

“A motion to find for the…