Rothschild v. Hussey

delivered the- opinion of the court:

The superior court of Cook county refused to grant a writ of mandamus to compel the municipal authorities to issue a building permit to appellant to erect a gasoline filling station in the village of Forest Park. The case comes here on direct appeal because the trial court certified that the validity of a municipal ordinance is involved.

The ordinance in question is a zoning ordinance and the property involved is situated in a district wherein gasoline filling stations are prohibited. The sole inquiry is whether the ordinance, as applied to appellant’s…