Drogos v. Village of Bensenville

This appeal arises from an order of the circuit court of Du Page County which declared that the zoning ordinance of the defendant, village of Bensenville, was unconstitutional insofar as it applied to plaintiffs’ property. In ordering the village of Bensenville to issue building permits for the erection of a proposed gasoline filling station on the subject property, the trial court determined that the R-3 single-family residence classification of the Bensenville zoning ordinance was an arbitrary and unreasonable exercise of legislative power with respect to plaintiffs’ property. On appeal,…