Village of Burr Ridge v. Elia

Plaintiff, the Village of Burr Ridge, seeks to enjoin defendants, Norman J. and Dorothy Elia, from using their property in a manner alleged to violate the village zoning ordinance. Following a bench trial, the trial court found defendants’ use of their property was a legal nonconforming use and denied the injunction. Plaintiff appeals contending the judgment of the trial court was contrary to the manifest weight of the evidence. We agree.

The current proceeding was a retrial of the matter following remand by this court in Village of Burr Ridge v. Elia (1974), 23 Ill. App. 3d 350, 319 N.E.2d…