Ethel Evangelical Lutheran Church v. Village of Morton

Appellant, Bethel Evangelical Lutheran Church, operates a preschool and grade school on property located within a zoned residential area of appellee, the Village of Morton. The church was established in 1947 and subsequently developed a kindergarten, preschool and Sunday school in the 1950’s. In 1983, it established a school, kindergarten through sixth grade, and received a special use permit subject to an enrollment cap of 60 students. The permit was modified to increase the enrollment cap to 75 students in 1987. Appellant’s school currently has an enrollment exceeding the cap established in…