National Pride Equipment, Inc. v. Village of Niles

PRESIDING JUSTICE SULLIVAN

delivered the opinion of the court:

Defendant appeals from an order in a declaratory judgment action granting plaintiff’s request for a special use permit to construct and operate a self-service car wash and declaring the zoning ordinance of defendant unconstitutional as applied to plaintiff’s property.

It appears that plaintiff applied for a special use in a B-l (retail business) zoning district for the purpose of constructing and operating a self-service car wash. The property involved has a frontage of 250 feet on Dempster Avenue and a depth of approximately 130…