City of Chicago Heights v. Old Orchard Bank Trust Co.

Plaintiff, City of Chicago Heights, brought this action in the circuit court of Cook County seeking a declaratory judgment and an injunction against the various defendants. The basic controversy was over the interpretation of a zoning ordinance which provided that specific property could be used as a “nursing home” and whether defendants’ use of the property complied with the ordinance. The trial court granted defendants’ motion to dismiss the complaint, holding as a matter of law that defendants were not using the property in violation of the ordinance. Plaintiff appeals.

We affirm.

Background…