APPELLATE COURT OF ILLINOIS, SECOND DISTRICT
531 N.E.2d 411, 176 Ill. App. 3d 661, 126 Ill. Dec. 116 1988.IL.1717
Appeal from the Circuit Court of Du Page County; the Hon. John Teschner, Judge, presiding.
JUSTICE NASH delivered the opinion of the court. INGLIS and UNVERZAGT, JJ., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE NASH
Plaintiff, William Renzulli, appeals from an order dismissing his second amended complaint against defendants, Zoning Board of Appeals of the City of Wood Dale, Illinois, and the City of Wood Dale, for failure to state a cause of action. Plaintiff contends that the trial court erred as the complaint pleaded facts sufficient to state a cause of action against defendants.
The plaintiff is the owner of residential property in Wood Dale, where he maintains his home. Plaintiff's young son suffers a profound hearing loss and, according to the plaintiff, is unable to appreciate or comprehend the dangers of playing in the street. The plaintiff built a brick and wrought iron fence enclosing his front yard for the protection of the child.
The Wood Dale Municipal Code restricts the erection of fences in front yards, except under certain circumstances. (Wood Dale, Ill., Municipal Code, ch. 9, § 9 -- 3) After the zoning board complained about the plaintiff's fence, the plaintiff sought a variance. The zoning board of appeals held a public hearing and then recommended denial of the proposed variance; the city council voted to concur with the recommendation and deny the variance.
The plaintiff filed a series of complaints against the zoning board and the city in the circuit court. His second amended complaint for declaratory relief requests an order declaring that (1) the denial of the variance was "arbitrary and capricious, without adequate foundation in fact or law," and (2) that the Wood Dale fence restrictions are "unconstitutional, against public policy and void as applied to the subject property." The defendants moved to dismiss the complaint pursuant to section 2-615 of the Code of Civil Procedure (Ill. Rev. ...