Bennett v. City of Chicago

This is an appeal from a declaratory decree holding the Chicago zoning ordinance void as applied to plaintiff’s property. The trial court certified that the validity of an ordinance is involved and that the public interest requires direct appeal.

The subject property consists of three vacant lots with a frontage on Irving Park Road of 79.4 feet and extending north 125 feet along Pittsburgh Avenue to an alley. It is an R-2 residential district, which zoning classification permits one-family detached dwellings only. Intensity of use is limited to 5000 square feet per unit, reducible under…