Shibata v. City of Naperville

Plaintiffs, as the owners and contract purchasers respectively, applied for a rezoning of the subject property from R-2 (Two Family Residential) to B-l (Retail Business). The city denied the application. Plaintiffs filed a declaratory judgment action and now appeal from the judgment of the trial court denying relief.

The court found that all uses lying west of the easterly line of the subject property, both north and south of Chicago Avenue in Naperville are residential in character, with the exception of a small neighborhood grocery store with living quarters, which is a nonconforming use.…