Maywood Proviso State Bank v. Village of Berkeley

ME. PEESIDING JUSTICE DEMPSEY

delivered the opinion of the court.

The defendant, Village of Berkeley, appeals from a judgment which declared the village’s zoning ordinance unconstitutional and void in its application to certain property held in trust by the plaintiff, May-wood Proviso State Bank, under which trust the plaintiff, Warren Swiech, has the sole beneficial interest.

The plaintiff’s complaint raised constitutional questions which were sustained by the trial court’s decision and the appeal, accordingly, was first directed to the Supreme Court. The court evidently was of the opinion that…