Reedy v. City of Wheaton

PRESIDING JUSTICE SEIDENFELD

delivered the opinion of the court:

Plaintiffs sought a declaratory judgment permitting the building of a “Citgo” gasoline service station and a “Quik-Mart” grocery store under a special use provision of the Wheaton zoning ordinance. In count I plaintiffs alleged that the zoning ordinance was unconstitutional as applied to their property; in count II, that it was unconstitutional on its face. The trial court entered judgment for the plaintiffs based on both counts. The City appeals.

We disagree with the trial court’s finding with reference to count II that the City’s…