[1] We review the judgment of the trial court in the context of the rule that the denial or granting of a declaratory judgment is a matter of the court's discretion and will not be disturbed unless the record shows an abuse of such discretion. Interlake Iron Corp. v. Dravo Corp., 68 Ill. App.2d 167, 215 N.E.2d 137; Hoerdt v. City of Evanston, 99 Ill. App.2d 307, 241 N.E.2d 685; Bathe v. Stamper, 75 Ill. App.2d 265, 220 N.E.2d 641. [2] It is also the rule that proceedings in declaratory judgment may not be used to avoid or oust pending proceedings before administrative agencies acting under grant of statutory authority.

However, preliminary expenditures, similar to those made here by plaintiff, for surveys and architect's plans relating to the application process do not establish vested rights. Gosselin v. City of Nashua, 114 N.H. 447, 321 A.2d 593 (1974); Hoerdt v. Evanston, 99 Ill. App.2d 307, 241 N.E.2d 685 (1968), cert. den., 395 U.S. 944, 89 S.Ct. 2016, 23 L.Ed.2d 462 (1969); Crecca v. Nucera, supra; cf. Boutet v. Planning Board of the City of Saco, Me., 253 A.2d 53 (1969). An applicant may also obtain vested rights when a municipality wrongfully delays in passing on the application until after the effective date of the new Ordinance or arbitrarily fails to perform a ministerial duty to issue a permit to which the applicant was entitled.

thorizing courts to enter declaratory judgments does not prescribe any particular form of prayer for the entry of such a judgment, and further provides that a declaratory judgment may be sought as an incident to or part of a pleading seeking other relief (Ill. Rev. Stat. 1975, ch. 110, par. 57.1), the amendment to the petition sufficed to raise the question of whether the trial court should enter a declaratory judgment holding the parties to be partners or joint adventurers, and two-thirds of the stock held by Mini to be in a constructive trust for Krebs and Kann. Since the granting or denial of declaratory relief is a matter of the court's discretion, the question presented to this court is a narrow one, limited to a determination of whether or not the trial court abused its discretion in failing to grant the declaration which Krebs and Kann sought. ( Bruns v. Foremost Insurance Co. (1975), 27 Ill. App.3d 50; Salk v. Department of Registration Education (1970), 123 Ill. App.2d 320; Hoerdt v. City of Evanston (1968), 99 Ill. App.2d 307, cert. denied (1969), 395 U.S. 944, 23 L.Ed.2d 462, 89 S.Ct. 2016.) Our analysis indicated that the trial court did not abuse its discretion. • 2 It has been held in numerous cases that a trial court does not abuse its discretion when it refuses to grant a declaratory judgment which would have the effect of determining the issues or the validity of the defenses in a pending case.

• 3-5 Although an adequate remedy at law prohibits injunctive relief, the existence of another remedy will not preclude declaratory relief. ( La Salle National Bank v. County of Cook (1974), 57 Ill.2d 318, 312 N.E.2d 252.) The trial court has the discretionary power to enter a declaratory judgment, and unless this action constituted an abuse of discretion, the trial court's decision will not be disturbed. ( Hoerdt v. City of Evanston (1st Dist. 1958), 99 Ill. App.2d 307, 241 N.E.2d 685.) Although the parties ought to be able to obtain a judicial resolution of an existing controversy without requiring the parties to irrevocably jeopardize their rights ( Richards v. Liquid Controls Corp. (2d Dist. 1975), 26 Ill. App.3d 111, 325 N.E.2d 775; Charleston National Bank v. Muller (4th Dist. 1974), 16 Ill. App.3d 380, 306 N.E.2d 358), a trial court can not utilize the declaratory judgment section of the Civil Practice Act (Ill. Rev. Stat. 1975, ch. 110, par. 57.1) to litigate moot or hypothetical questions or to render advisory opinions with regard to anticipated legal problems. ( Farmers Insurance Group v. Harris (3d Dist. 1972), 4 Ill. App.3d 372, 279 N.E.2d 789; Atkinson v. Board of Education (1st Dist. 1963), 44 Ill. App.2d 92, 194 N.E.2d 8.)

While uncontested, the evidence adduced clearly brought plaintiff within the purview of the ordinance's proscriptions and established a justiciable controversy. The principle of presumptive validity of an ordinance will not foreclose the judiciary from inspecting an ordinance assailed on its face. ( McCray v. City of Chicago (1920), 292 Ill. 60, 126 N.E. 557.) Rather it places the burden of showing the invalidity of an ordinance, proper in form and valid in enactment, on the one who asserts it. ( City of West Frankfort v. Industrial Com. (1950), 406 Ill. 452, 94 N.E.2d 413.) It also requires that an ordinance not be invalidated if any reasonable supposition of facts can be found to justify it. Hoerdt v. City of Evanston (1968), 99 Ill. App.2d 307, 241 N.E.2d 685, cert. denied (1969), 395 U.S. 944. • 4 We next consider whether the ordinance in question is unconstitutional on its face as being arbitrary and unreasonable.