Gregory v. City of Wheaton

Henry F. Gregory and his wife brought a declaratory judgment suit in the circuit court of Du Page County to declare void the zoning ordinance of the city of Wheaton insofar as it prevents them from using certain premises as a multiple-family dwelling. From a judgment sustaining the ordinance plaintiffs appeal, the trial judge having certified that the validity of a municipal ordinance is involved and that in his opinion the public interest requires the appeal to be taken directly to this court.

The property in question is a three-story frame house containing four apartments, located at 421…