Hyndiuk v. City of Chicago

This appeal arises out of an action for declaratory judgment against the City of Chicago seeking to have section 7.5 — 2 of the Chicago Zoning Ordinance, dealing with the minimum lot area for residences in an R2 district, declared invalid as applied to the subject property. After hearing testimony without a jury, the trial court held that the ordinance was invalid as applied to plaintiffs’ property in that it prohibited plaintiffs from constructing a single-family residence as per the plans and specifications admitted in evidence. The City appeals from that judgment order.

The property in…