La Salle National Bank v. Village of Brookfield

Mr. PRESIDING JUSTICE SULLIVAN

delivered the opinion of the court:

Defendant, appealing from an order of the trial court finding a municipal ordinance unconstitutional, contends that the ordinance was valid because (1) it was enacted under its express or implied statutory powers; (2) it was a proper exercise of its police powers; and (3) plaintiff failed to overcome the presumption of its validity.

It appears that in 1965 defendant adopted a comprehensive zoning plan in which a tract of land owned by plaintiff as trustee was rezoned commercial. The property is described as covering 5.6 acres and…