Kermeen v. City of Peoria

Mr. PRESIDING JUSTICE STENGEL

delivered the opinion of the court:

In this proceeding the Circuit Court of Peoria County issued a writ of mandamus to compel the city of Peoria and certain city officials to issue a site approval and a building permit for a proposed apartment building project, and the city appeals.

According to the record, in 1972 plaintiff Byron L. Kermeen purchased 8/2 acres of real estate in an area of Peoria zoned for medium density residential use (R-2). Before making the purchase plaintiff checked to see that no plats, dedications, or encumbrances were a matter of public…