Ohio Mall Contractors, Inc. v. Dickinson

Relator, Ohio Mall Contractors, Inc., applied to the city of Aurora for a conditional zoning permit for the purpose of building a condominium development in a district which had been zoned R-4. Under the terms of the Aurora Zoning Code, condominiums are a conditionally permitted use in R-4 districts.

Relator’s application was approved by the Aurora City Council on September 27, 1983 (effective October 27, 1983) in Resolution No. 1983-112. This resolution contained the following language:

“No development or construction shall be commenced until preliminary and final plats have been approved by…