Opinion
Gen. No. 9,461. (Abstract of Decision.)
Opinion filed January 25, 1940 Rehearing denied March 19, 1940
BUILDINGS AND BUILDING RESTRICTIONS, § 44.4 — prior nonconforming use, insufficiency of evidence. Lower court properly refused to restrain enforcement of zoning ordinance against plaintiff, who claimed he used property for storing and wrecking of motor vehicles before adoption of ordinance, where ordinance was adopted in 1935, there was sharp dispute in the evidence as to whether plaintiff used property as a tenant prior to his acquisition of title in 1937, former owners denied that plaintiff was a tenant with their knowledge or consent, and plaintiff did not claim to have paid rent to anyone.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Du Page county; Hon. WILLIAM J. FULTON, presiding.
Affirmed. Heard in this court at October term, 1939.
Leonard C. Mead and Eva R. Pollack, for appellant;
Russell W. Keeney, State's Attorney, for appellee;.
Joel Baker, William E. Hooper and Lee E. Daniels, Assistant State's Attorneys, of counsel.
"Not to be published in full." Opinion filed January 25, 1940.