Cities Service Oil Co. v. City of Des Plaines

Cities Service Oil Company brought suit in the circuit court of Cook County against the city of Des Pláines and certain of its officers, to enjoin enforcement of an ordinance prohibiting the location of a gasoline station within 300 feet of any school, hospital, church or theater. From a decree granting relief the defendants appeal directly to this court, on the theory that validity of the ordinance is involved. A cross-appeal has been perfected from that portion of the decree ordering plaintiff to pay the costs and master’s fees.

Plaintiff’s property is located in a commercial zone, wherein…