Kirk v. Village of Hillcrest

Mr. JUSTICE THOMAS J. MORAN

delivered the opinion of the court:

Plaintiffs sought an injunction restraining the Village (defendant) from interfering with the construction of an eight-unit apartment building on lot 40, Subdivision 6 in the Village of Hillcrest. From denial of relief, plaintiff Kirk appeals.

In July of 1958, defendant adopted a comprehensive zoning ordinance dividing the village into three use-districts: single family, multiple family and commercial. A 1963 amendment added a district for apartment use which permitted apartment houses with not more than four units.

On February 6,…