Behnke v. President and Bd. of Trustees

The officers of the village of Brookfield have appealed from a judgment of the circuit court of Cook county declaring a zoning ordinance unconstitutional. The action arose upon the verified petition of Behnke for a writ of mandamus to require the village authorities to re-zone his residence property into a commercial classification, so he might operate a parking lot and erect a refreshment stand thereon. The petition, by leave of court, was amended to include a count challenging the validity of the ordinance under the State and Federal constitutions. The lower court has certified that the…