Appeal from the Circuit Court of Cook County, County
Department, Law Division; the Hon. CHARLES S. DOUGHERTY, Judge,
MR. PRESIDING JUSTICE SULLIVAN DELIVERED THE OPINION OF THE COURT.
The defendant, Village of Norridge, a Municipal Corporation, appeals to this court from a declaratory judgment in favor of the plaintiffs, Helen and Walter Stachnik, rendered by the circuit court of Cook County. The trial court found that the zoning ordinance of the defendant was unreasonable, discriminatory, confiscatory, unconstitutional and void insofar as it applied to the real estate of the plaintiffs.
The plaintiffs are the owners of property located at the southwest corner of Lawrence Avenue and Ozanam Avenue in the Village of Norridge. The entire tract of the plaintiffs consists of Lots 1, 2 and 3 and the north 13 feet of Lot 4, all facing Ozanam Avenue.
The Village of Norridge adopted a zoning ordinance in 1962, under which ordinance the village was divided into seven (7) districts, which are:
(1) R-1 Single Family Residence District
(2) R-2 Two Family Residence District
(3) R-3 Multiple Family Residence District
(4) B-1 Restricted Neighborhood Business District
(5) B-2 Restricted (Shopping Center) Business District
(6) B-3 General Business District
(7) "M" Restricted Light Manufacturing District
The plaintiffs' property was zoned B-2 Restricted (Shopping Center) Business District. Automobile service stations are placed in the B-3 General Business District classification.
The plaintiffs have entered into an agreement with Texaco Oil Company whereby Texaco has agreed to purchase lots 1 and 2 of plaintiffs' property for $55,000, conditioned upon the property being rezoned B-3. At the present time, a house is situated on a portion of lot 2, and if the rezoning is successful, the house will be moved. The subject property extends 135 feet on Lawrence Avenue and 141 feet on Ozanam Avenue.
The plaintiffs applied to the Zoning Board of Appeals of the defendant village for a rezoning of the subject property to permit a gasoline service station to be erected thereon. The Board allowed the plaintiffs' application. The trustees of the village overruled the Board. The plaintiffs thereupon sued for ...