City of Peoria v. Danz

Plaintiff, City of Peoria (Peoria), brought this action for injunction against the defendant, Warren Danz, to require compliance by the defendant with a Peoria zoning ordinance and for the imposition of a fíne for its violation. The complaint alleged the defendant maintained a duplex which failed to meet the minimum lot size requirement for duplexes in Peoria. After a bench trial, the court entered judgment in favor of Peoria. The defendant appeals.

On appeal, the defendant contends the trial court erred in finding that he failed to establish a lawful nonconforming use of his property.

The…