Stemwedel v. Village of Kenilworth

Albert L. Stemwedel brought suit in the circuit court of Cook County to enjoin the village of Kenilworth from enforcing as to his residence a zoning restriction prescribing a minimum rear yard depth of 25 feet. After a hearing the chancellor declared the requirement unconstitutional in its application to the property, and granted an injunction as prayed. The village appeals, contending (1) that the evidence fails to support the decree; (2) that incompetent evidence was admitted; (3) that the plaintiff is estopped to deny the validity of the requirement; and (4) that the court by its decree…