Frost v. Village of Glen Ellyn

Defendant, the village of Glen Ellyn, here appeals from a declaratory judgment of the circuit court of Du Page County finding defendant’s zoning ordinance to be invalid insofar as it prohibits plaintiffs, Jack E. Frost and Kathryn M. Frost, from operating a drive-in restaurant on a property they own. The trial judge has certified that the validity of a municipal ordinance is involved and that the public interest requires a direct- appeal to this court. Ill. Rev. Stat. 1963, chap, 110, par. 75(1).

Plaintiffs’ land, consisting of two adjoining lots, is located at the northeast corner of Main and…