Marquette Properties, Inc. v. City of Wood Dale

Defendants, the city of Wood Dale and Geraldine Jacobs, its city clerk, appeal from a summary judgment entered in favor of plaintiffs, Marquette Properties, Inc., and the National Housing Partnership, in a declaratory judgment action. The trial court determined that section 24 — 1105(0) of the city of Wood Dale Zoning Code (Wood Dale, IL, Zoning Code sec. 24 — 1105(C) (1984)) was invalid and ordered that a special use permit be issued to plaintiffs by the city. On appeal, defendants contend that the trial court improperly held invalid the Wood Dale zoning ordinance requirement that two-thirds…