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County of Will v. Stanfill

SEPTEMBER 27, 1955.

COUNTY OF WILL, PLAINTIFF-APPELLANT,

v.

CECIL H. STANFILL ET AL., DEFENDANTS-APPELLEES.



Appeal from the Circuit Court of Will county; the Hon. ROSCOE C. SOUTH, Judge, presiding. Reversed and remanded with directions.

MR. JUSTICE DOVE DELIVERED THE OPINION OF THE COURT.

County of Will filed its complaint in the Circuit Court of Will County against the defendants, Cecil H. Stanfill, Juanita B. Stanfill, Jimmie C. Cutler, Rena S. Bernhardt, Charles A. Lane, Dona A. Lane, and Ralph Sanchez. Subsequently the suit was dismissed as to the defendant Cutler. The prayer of the complaint was that the several defendants be restrained from further violating the provisions of the Will County Zoning Ordinance by the maintenance of a dwelling upon the several parcels of real estate described in the complaint and that the defendants be required to remove said dwellings from the described property.

The complaint consisted of five counts, count one being directed against the defendants, Cecil H. and Juanita B. Stanfill; count two was directed against defendant, Cutler; count three was directed against defendant, Bernhardt; count four was directed against defendants, Charles A. and Dona A. Lane; and count five was directed against the defendant, Ralph Sanchez. The several counts are substantially the same other than the property described therein and the names of the defendants.

Count one set forth the applicable portions of the Will County Zoning Ordinance and alleged that since the enactment thereof, the defendants Stanfill had erected a portable dwelling unit, commonly known as a house trailer, on certain described real estate, and that under the terms and provisions of the Will County Zoning Ordinance this property of the defendants had been classified as an R-2 Residential District and charged that the defendants, in erecting said dwelling on said property, did so in violation of the provisions of the Will County Zoning Ordinance in that the described property contained less than one-sixth of an acre (7,260 square feet), as required by Section 13 of the ordinance. It was then alleged that the maintenance of said dwelling upon this property constitutes a continuing violation by the defendants of the zoning ordinance.

By their answers, the defendants admitted that under the provisions of the Will County Zoning Ordinance defendants' properties were classified as an R-2 Residential District but denied that they had erected a portable dwelling unit upon the described property and averred that the zoning ordinance was not legally enacted and is invalid because the zoning map referred to in the ordinance does not legally constitute a part of the zoning ordinance, and that said zoning ordinance contains no legal map of the zoning districts or classifications sought to be created therein, and that the classification given to their property was arbitrary, unjust, oppressive, capricious, and unreasonable and, therefore, illegal and void, being repugnant to the due process clauses of the Constitutions of Illinois and of the United States of America.

After a hearing, the chancellor entered a decree dismissing the complaint on the ground that house trailers were not mentioned in the zoning ordinance and that the zoning map was not properly identified as being a part of the Will County Zoning Ordinance. To reverse this decree, plaintiff appeals.

The record discloses that a comprehensive zoning ordinance for Will County was adopted by its Board of Supervisors on September 9, 1949, which was subsequently, on August 28, 1951, revised. Section 1 is entitled "Definitions," and among the words defined is "erected," which is defined to mean, "set up, raised, built or moved into place." Section 4 of that ordinance is entitled "Zoning Districts" and, in part, provides: "(a) CLASSIFICATION: For the purposes of this ordinance, all the land in Will County lying outside the limits of cities, villages and incorporated towns is hereby divided and classified into the following districts, listed in order from the highest, (Residential) `R1,' to the lowest, (Unrestricted) `U.'

"1. R-1 District (Residential)

"2. R-2 District (Sparsely Occupied Residential)

"3. R-3 District (Residential Apartments and Multiple Family Residences)

"4. F District (Farming or Agriculture)

"5. B-1 District (Business)

"6. B-2 District (Business, Taverns)

"7. B-3 District (Business, Package Liquor Stores ...


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