Cleys v. Village of Palatine

Defendant appeals from an order of the trial court which granted plaintiff the use of 35 feet of a buffer zone in contravention of defendant’s zoning ordinance, enjoined defendant from enforcing the provisions of the ordinance, and provided for certain other relief. Defendant contends that (1) plaintiff failed to prove by clear and convincing evidence that the ordinance was invalid; (2) the trial court’s finding was against the manifest weight of the evidence; (3) the trial court’s conclusion that the ordinance as applied to plaintiff’s property constituted a taking of property without due…