Exchange National Rank v. City of Des Plaines

Mr. PRESIDING JUSTICE DOWNING

delivered the opinion of the court:

Exchange National Bank (plaintiff), after a hearing without a jury, obtained a judgment against the City of Des Plaines (defendant) declaring invalid, as applied to plaintiff’s property, defendant’s single-family zoning regulation and a private subdivision restriction.

This appeal presents two major issues: first, concerning the private subdivision restriction: (a) did defendant have standing to raise the deed restriction; (b) was the restrictive covenant abrogated by the agreement of the lot owners of the subdivision to allow the…