Chicago Title & Trust Co. v. County of Du Page

Mr. JUSTICE EBERSPACHER,

specially concurring:

■ I concur in the result reached by the majority; however, not for the reasons stated.

A presumption exists in favor of the validity of a zoning ordinance, and where there is room for a legitimate difference of opinion as to whether the ordinance bears a reasonable relationship to the health, safety, and welfare of the general public, or that fact is fairly debatable, the courts should not interfere with the legislative judgment. (E.g., La Salle National Bank v. City of Evanston, 57 Ill.2d 415, 312 N.E.2d 625.) The burden of proving the zoning…