Mutz v. Village of Villa Park

MR. PRESIDING JUSTICE DAVIS

delivered the opinion of the court.

This is a declaratory judgment action to change the zoning of plaintiffs’ property, under the zoning ordinance of the Village of Villa Park, from a R-3 single-family dwelling to a B-3 business classification, which would permit a gasoline service station use. While the suit was pending, the Village rezoned the plaintiffs’ property and other similarly situated property to a R-4 two-family classification. After a bench trial, the court entered a final decree in favor of the Village and the plaintiffs appealed.

The plaintiffs’ property…