Ryan v. County of Du Page

The county of Du Page, joined by the city of Elmhurst as intervenor, appeals from a decree declaring the county’s zoning ordinance unconstitutional and void as applied to plaintiff’s tract.

The subject property is a one-acre tract lying at the northwest corner of the intersection of North Avenue (Route 64) on the south, and West avenue on the east. It is in an unincorporated subdivision in Du Page County which is contiguous to, and directly west of, the city of Elmhurst. It was purchased by plaintiff in 1925 and has been vacant at all times since. Martin Oil Service Company has contracted to…