City of Elgin v. Rippberger

Plaintiff, City of Elgin, brought this action for injunction against defendant, Carl Rippberger, to require compliance by defendant with the zoning ordinance of the City of Elgin and for the imposition of a fine for its violation. The complaint alleged defendant maintained a multiple-family dwelling in a zoning district in which multiple uses were not permitted. Defendant’s second amended answer raised as his single affirmative defense the existence of a lawful nonconforming multiple-family use of the premises. After a bench trial the court entered judgment in favor of defendant.

Plaintiff…