Cosmopolitan National Bank v. Village of Niles

Plaintiffs, Cosmopolitan National Bank as trustee of a trust holding certain real estate that is the subject matter of this suit, Louis Capazolli, Joseph Capazolli, and Aida Guss, the beneficial owners of the trust, and McDonald’s Corporation, lessors of the subject property, appeal from an order of the trial court upholding the decision of defendant, the village of Niles, that denied plaintiffs’ petition for a special use permit.

Plaintiffs seek to develop a McDonald’s restaurant on the property. On December 17, 1979, they filed a petition with the zoning board of appeals and the plan…