Parkway Bank & Trust v. City of Darien

Parkway Bank and Trust Company, as owner in trust of a 20-acre tract of real estate in the City of Darien, and Ceisel-McGuire Industries, as beneficiary of the trust, sued the defendant City, its mayor, aldermen and members of the Darien Plan Commission. They alleged defendants rezoned the 20-acre tract for a less intensive use without legal justification. Count I of plaintiffs’ complaint seeks to declare the rezoning invalid and is presently pending in the trial court. Counts II, HI, and IV, however, were dismissed. Plaintiffs appeal from the judgment which was made final.

Count H is entitled…