Citizens Bank & Trust Co. v. Village of Mount Prospect

Mr. PRESIDING JUSTICE CRAVEN

dissenting:

I cannot agree with the conclusion reached by my colleagues.

Courts are not to interfere with the discretion of legislative bodies charged with zoning and limiting the use of property except where there is a clear abuse of discretion. A zoning ordinance is clothed with a presumption of validity and it is incumbent upon one who attacks the ordinance to establish by clear and convincing evidence that, as applied to him, the ordinance is arbitrary and unreasonable and without substantial relation to the public health, morals, safety and welfare. As I view…