Clement v. O'MALLEY

Plaintiffs appeal from an order dismissing their complaint for a declaratory judgment and injunctive relief against defendants. The complaint alleged that defendant Chicago Park District (Park District) constructed a golf driving range unlawfully in Jackson Park in the city of Chicago. Plaintiffs sought an order directing defendants to restore the site to the previous condition, or alternatively, that they be enjoined from operating the driving range until securing approval from the Chicago Plan Commission (Plan Commission).

They raise the following issues on appeal: (1) whether construction…