Opinion
Gen. No. 44,701. (Abstract of Decision.)
Opinion filed May 18, 1949 Released for publication June 17, 1949
BUILDINGS AND BUILDING RESTRICTIONS, § 44.5 — nonviolation of amendatory zoning ordinance. Under 1923 zoning ordinance of City of Chicago placing defendant's property in a district classified as "Commercial" and making railroad and water freight stations permissive uses in district, a motor-freight terminal was by implication a lawful "commercial" use; hence defendant's continued use of a vacant lot for storing or parking trucks and trailers as an adjunct to defendant's motor truck terminal located on opposite side of street did not violate 1942 amendatory ordinance classifying the property as "Business" but permitting nonconforming uses which were lawful under prior ordinance to be continued.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. CECIL C. SMITH, Judge, presiding.
Reversed and remanded. Heard in the third division, first district, this court at the December term, 1948.
McCarthy, Toomey Reynolds, for appellant;
Frank A. McCarthy, John E. Toomey, Joseph M. McCarthy, and John J. Moran, of counsel;
Benjamin S. Adamowski, Corporation Counsel, for appellee;
L. Louis Karton, Head of Appeals and Review Division, David Lefkovits, and Herman Smith, Assistant Corporation Counsel, of counsel.
Not to be published in full. Opinion filed May 18, 1949; released for publication June 17, 1949.