County of Du Page v. Halkier

The County of Du Page, appellant, brought an action in the circuit court of Du Page County against the appellees, seeking an injunction restraining them from erecting a second residence upon a lot owned by them, which was zoned “Estate” by the Du Page County zoning ordinance. Under the terms of said ordinance, areas zoned “Estate” shall have only one single family residence on a tract of not less than 165 feet of average width and acres in area. The lot in question did not contain the necessary area.

The appellees filed a counterclaim, praying that said zoning ordinance be declared invalid as…