Chicago Title & Trust Co. v. Village of Wilmette

MR. PRESIDING JUSTICE DRUCKER

delivered the opinion of the court.

The defendant, The Village of Wilmette, appeals from a decree in chancery, based upon the recommendation of the Master in Chancery, declaring that its zoning ordinance is arbitrary, oppressive, prohibitory, discriminatory and confiscatory as regards plaintiffs’ property. Defendant in appealing directly to the Supreme Court urged that a substantial constitutional issue was presented and in particular that the following novel issues were involved:

“ (a) Whether despite an admitted lack of need for change, such change may be imposed…