DuPage Trust Co. v. City of Wheaton

Mr. PRESIDING JUSTICE THOMAS J. MORAN

delivered the opinion of the court:

This appeal arises out of a zoning dispute between the plaintiff, record owner of the property in question, and defendant, the City of Wheaton. Defendant denied plaintiff’s sought rezoning and plaintiff filed for declaratory judgment on the basis that defendant’s current zoning was unconstitutional and void as to the subject property. The petition was granted and the defendant appeals.

The property, a single 1.84-acre parcel comprised of nine 55-foot lots,-is located on County Farm Road, north of Roosevelt Road, in a…