City of West Chicago v. County of Du Page

Mr. PRESIDING JUSTICE SEIDENFELD

delivered the opinion of the court:

The City of West Chicago sought to declare the invalidity of an ordinance of the County of Du Page which granted a special use permit to locate Wayne Township offices, a garage and other facilities in a County R-2 zone within 1A miles of West Chicago by a simple majority vote over the written objection of the city. The city appeals from a judgment dismissing the complaint with prejudice on defendant’s motion made under section 45 of the Civil Practice Act. Ill. Rev. Stat. 1977, ch. 110, par. 45.

In issue is whether the city has…