City of Marengo v. Pollack

Plaintiff, the City of Marengo, filed a complaint alleging that defendants, Walter Pollack and Northwest Pallet Supply Company (Northwest), were violating plaintiff’s 1992 ordinance limiting defendants’ outdoor storage space to 1,000 square feet. Defendants’ affirmative defenses alleged a legal nonconforming use and that plaintiff was barred by laches from enforcing the earlier ordinance, which limited the outdoor storage area to 10% of the lot size. After a bench trial, the court found that defendants were entitled to continue using 10% of their property for outdoor storage. The trial court…