Perko v. City of Palos Heights

Plaintiff landowners brought this action seeking a declaration of the unconstitutionality of the City of Palos Heights’ zoning ordinance as applied to plaintiffs’ property. The Circuit Court gave judgment for the defendant City and plaintiffs appeal.

Plaintiffs are the owners of two vacant lots fronting on Harlem Avenue south of 128th Street. They desire to erect a self-service car wash thereon. Plaintiffs’ property is zoned “B Business District.” Automatic car washes under the City’s zoning ordinance are permitted in a “B” Business District only as “Special Uses”. Plaintiffs made application…