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Haws v. Village of Hinsdale

OPINION FILED FEBRUARY 7, 1979.

ROBERT W. HAWS ET AL., PLAINTIFFS-APPELLEES,

v.

THE VILLAGE OF HINSDALE, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Du Page County; the Hon. ROBERT A. COX, Judge, presiding.

MR. JUSTICE GUILD DELIVERED THE OPINION OF THE COURT:

Rehearing denied March 16, 1979.

Plaintiffs Robert W. Haws, Ardyth E. Haws, Arthur W. Slaber and Mildreth B. Slaber are the owners of three adjacent parcels of land fronting on York Road in the Village of Hinsdale. They have contracted to sell this land, roughly 146' by 260', to the plaintiff McDonald's Corporation, contingent upon McDonald's being able to erect and operate a McDonald's restaurant on the land in question.

Plaintiffs filed a petition with the Village Board and the Planning Commission of the Village of Hinsdale to permit this land to be developed as a McDonald's restaurant pursuant to the amended zoning ordinance of the village. On November 4, 1975, the Village Board, concurring with the negative recommendation of its Planning Commission, denied the petition of the plaintiffs.

Plaintiffs brought a proceeding in the circuit court of Du Page County asking for injunctive relief and for declaratory judgment under section 57.1 of the Civil Practice Act (Ill. Rev. Stat. 1973, ch. 110, par. 57.1), contending: (1) that the amended zoning ordinance of Hinsdale was unconstitutional on its face, and (2) that even if constitutional on its face, the ordinance had been unconstitutionally applied in the denial of plaintiffs' petition.

The trial court agreed that the ordinance was unconstitutionally applied in denying the petition and ruled that plaintiffs should be allowed to consummate the contract to build and operate a McDonald's restaurant. The trial court did not rule on the constitutionality of the ordinance itself. The village has appealed.

The Haws' bought their property in 1952. Since then they have used it as both a residence and as a base for Mr. Haws' rug cleaning business. While most of his work is done at others' homes, Mr. Haws does occasionally clean items in his own basement. The Slabers bought their property in 1941. Mr. Slaber ran a Jays Potato Chip distributorship from his home until his retirement in 1972. All three parcels were zoned commercial from the time it was acquired by plaintiffs until 1961. At that time the Village adopted a new comprehensive zoning ordinance which created a classification known as "F — Planned Development District."

The purpose of this district, as set forth in the ordinance, is as follows:

"All such planned developments are declared to possess characteristics of such unique and special form, such a large impact on the entire community, that each specific development shall be considered individually."

Various uses are permitted within the F district but "only upon presentation of a comprehensive plan of development to the Hinsdale Plan Commission and final approval by the Board of Trustees." As well as requiring specific requirements on matters such as parking and lot size, the ordinance also requires that:

"The proposed uses as presented must not:

1. Cause undue traffic congestion or create a traffic hazard.

2. Create dangerous or objectionable elements so as to adversely affect the character or property values of adjacent areas.

3. Impair the public health, safety, morals, convenience, comfort, prosperity and other aspects of the general welfare of the community."

Among the uses permitted in the F district once the above requirements were met are those allowed in C-1 — Commercial Districts. A large number of commercial establishments, including ...


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