Schwinge v. Village of Niles

The Village of Niles appeals from a declaratory decree which adopted the findings of a master in chancery that plaintiff’s subject real estate was partly zoned R-4 multiple-family residential and partly zoned B-l retail business, and further that the B-l classification of the property was arbitrary, unreasonable, discriminatory and confiscatory. The decree orders that the portion of the subject property zoned B-l be rezoned to an R-4 classification, which would permit plaintiff to construct an apartment building on the entire subject property. The defendant Village maintains that the findings…