Geneva Residential Ass'n v. City of Geneva

This declaratory judgment action was brought by plaintiffs as adjoining landowners to challenge the validity of a Geneva ordinance granting the application of defendant James C. Pankow for a special use permit. The city’s action allowed defendant Pankow to operate a restaurant in an area zoned for specialty shops and professional offices. The trial court entered judgment for defendants and plaintiffs have appealed.

Two main issues are presented for review. First, whether the trial court erred in dismissing counts I, II, and III of plaintiffs’ original complaint for failure to state a cause of…