(Download) "Dunlap v. City of Woodstock" by Supreme Court of Illinois * Book PDF Kindle ePub Free
eBook details
- Title: Dunlap v. City of Woodstock
- Author : Supreme Court of Illinois
- Release Date : January 22, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
This is an appeal from an order of the circuit court of McHenry County, dismissing appellants' petition for a writ of mandamus to compel the building commissioner of the city of Woodstock to issue a building permit allowing appellants to construct a grocery store on the north half of their residence property in that city. On September 6, 1947, the city of Woodstock adopted a comprehensive zoning ordinance establishing uniform districts and prescribing certain uses of property in each of said districts. The property in question, owned by appellants, is part of an area zoned as ""R-1,"" which is commonly described as a single-family residential district. They own a home, which is constructed on the extreme south portion of their lot, and desire to construct a grocery store on the north half. The building commissioner denied them a permit for the construction of the building, on the ground that a store is not a permitted use in a ""R-1"" district. Appellants thereupon sought an amendment to the zoning ordinance, for the purpose of having their property reclassified from ""R-1"" to ""B-1,"" within which type of district a grocery store is permitted. In compliance with the city ordinance and the State enabling act, a hearing was had on the petition of appellants before the board of zoning appeals of Woodstock. The board refused to recommend to the city council that appellants' property be reclassified for a business use. Appellants then appeared before the city council, which referred the matter back to the zoning board for further consideration, and, after a second hearing, the board came to the same conclusion as in the first instance. Appellants again appeared before the city council and, after a hearing, the council affirmed the decision of the zoning board. This mandamus action was then started in the circuit court of McHenry County.