Petterson v. City of Naperville

The city of Naperville, defendant, appeals from the judgment and decree of the circuit court of Du Page County finding and declaring that its “Subdivision Control Ordinance,” enacted June 21, 1954, is arbitrary, discriminatory, Unreasonable and void, and restraining and enjoining it from enforcing the provisions of the ordinance against the plaintiffs, Edwin S. Petterson and Dorothy Petterson. The trial court has certified that the validity of a municipal ordinance is involved and that the public interest requires direct appeal.

Count 1, of plaintiffs’ complaint for a declaratory judgment,…