Rasmussen v. Village of Bensenville

This is an appeal from a declaratory judgment, entered by the Circuit Court of DuPage County, that the Zoning and Location Ordinances of the Village of Bensenville, are unlawful and void in prohibiting the use of plaintiffs’ real estate as a gasoline station. We find the Location Ordinance to be valid and reverse the trial Court without considering the validity of the Zoning Ordinance.

The location prohibition is contained in Section 5 of Article 9 of an Ordinance providing for issuing and revoking of licenses. It provides, in pertinent part, as follows:

“No tank for the storage of flammable…