Witherspoon v. City of Moline

PRESIDING JUSTICE BARRY

delivered the opinion of the court:

On November 7, 1989, the Moline city council, in a nine-to-five vote, denied an application of plaintiffs, Dr. Kirk and Carol Wither-spoon, for a special use permit to conduct a “home occupation” in their Moline residence. Plaintiffs pursued their cause in the circuit court of Rock Island County, which denied relief. In this appeal, plaintiffs contend that the circuit court erred in refusing their request to declare the zoning ordinance unconstitutional as applied by the city council in denying their request for a special use permit…