Oak Park Trust & Savings Bank v. Village of Elmwood Park

Plaintiffs’ Complaint prayed for a declaratory judgment declaring that plaintiffs have a right to construct two buildings containing three flats each on the real estate in question and prayed for an Order directing the defendant, Village of Elmwood Park, to issue building permits therefor. After trial before the court, the prayer of the Complaint was denied and the suit was dismissed. This appeal followed.

In 1961 the Village of Elmwood Park enacted the zoning ordinance involved in this case. Article II of the zoning ordinance divides the city into five classes of use districts, designates the…