City of Lake Geneva v. Smuda

The City of Lake Geneva, a municipal corporation, brought action in circuit court to permanently restrain Frank P. Smuda and Libby A. Smuda, defendants, from maintaining a nonconforming use on their premises contrary to a city zoning ordinance. After a trial before the court, judgment was entered in favor of the city.

The principal issues on appeal are:

1. Is the lower court finding that a valid nonconforming use did not exist at the time of the adoption of the ordinance against the great weight and clear preponderance of the evidence?

2. Was the 1949 ordinance of the city valid ?

The Smudas were…