Ritter v. Village of Morton Grove

Plaintiffs filed a complaint for declaratory judgment asking that the Village Zoning Ordinance which classified their property as single-family residential be declared invalid as applied to their property. They also sought a mandatory injunction permitting the construction of townhouse units on the subject property. After a bench trial, the trial court entered judgment for the plaintiffs and ordered that they be allowed to construct 12 townhouse units. On appeal defendant contends that: (1) plaintiffs failed to overcome the presumption of validity attaching to the zoning ordinance, (2) the…